(1.) Special leave granted.
(2.) Sultan Singh (IPS) , respondent in the appeal herein, was posted in Calcutta. A government quarter was allotted to him. It is not disputed that he was transferred out of Calcutta on 11/2/1991. It is the case of the appellant that Sultan Singh continued to occupy the flat in Calcutta till 28/6/1995. He was asked to pay penal rent for the period he was occupying the flat in Calcutta allegedly in violation of the West Bengal government Premises (Regulation of Occupancy) Act, 1984 (the Act). The relevant S. 11 and 15 are as under:
(3.) The respondent challenged the demand by way of a writ petition before the High court. A learned Single Judge quashed the demand. The division bench in appeal upheld the judgment of the learned Single Judge.