(1) An appeal shall lie from every order of the estate officer made in respect of any public premises under section 5 or section 7 to an appellate officer who shall be the district judge of the district in which the public premises are situate or such other judicial officer in that district of not less than ten years standing as the district judge may designate in this behalf.
(2) An appeal under sub-section (1) shall be preferred—
(a) in the case of an appeal from an order under section 5, within fifteen days from the date of publication of the order under sub-section (1) of that section; and
(b) in the case of an appeal from an order under section 7, within fifteen days from the date on which the order is communicated to the appellant:
Provided that the appellate officer may entertain the appeal after the expiry of the said period of fifteen days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
9[(3) Where an appeal is preferred from an order of the Estate Officer, no order for stay of operation thereof shall be made by the appellate officer pending disposal of the said appeal, unless the appellate officer is satisfied -
(i) that substantial loss may result to the party applying for stay, unless the order is made; and
(ii) that security has been given by the appellant for the due performance of such order as may ultimately be binding upon him.]
9. Substituted by Act No.60 of 1976.
Appeals.
8 [Act No. 20 of 1968]
(4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible.
(5) The costs of any appeal under this section shall be in the discretion of the appellate officer.
(6) An order made by an appellate officer, shall be executable by the estate officer concerned as if it were an order made by him under sub-section (1) of section 5 or section 7, as the case may be.
(7) For the purposes of this section, the cities of Hyderabad and Secunderabad shall be deemed to be a district and the Chief Judge or the Principal Judge of the City Civil Court therein shall be deemed to be the District Judge of the said district.
10. Save as otherwise expressly provided in this Act, every order made by an estate officer or appellate officer under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
10[11. No court shall have jurisdiction to entertain any suit or proceeding in respect of, the eviction of any person who is in unauthorised occupation of any public premises or, the recovery of the arrears of rent payable under sub-section (1) of section 7 or the damages payable under sub-section (2) of that section or the costs awarded to the Government or the corporate authority under sub-section (5) of section 9 or any portion of such rent, damages or costs.]
10. Substituted by Act No.15 of 1986.
Finality of orders.
Bar of jurisdiction.
[Act No. 20 of 1968] 9