SWAPAN KUMAR KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners were occupying the several flats at Kadamtala Housing Estate, Howrah belonging to the State of West Bengal. All the petitioners paid rent in respect of their respective flats and the same were accepted by the Estate Supervisor. After the petitioners occupied the flats for a considerable period of time it was discovered by the State that the petitioners were not entitled to live in those flats, and the Estate Supervisor had no business to take any rent from the petitions. On such discovery and State Government initiated departmental proceedings against the Estate Supervisor and eviction proceedings against the petitioners. The State Government while claiming to have initiated such eviction proceedings evicted the petitioners without giving the petitioners any opportunity of hearing and hence this writ petition.

(2.) THERE is no dispute that in so far as the properties in question are concerned, the same are governed by the provisions contained in the West Bengal Government Premises (Tenancy Regulation) Act, 1976. Section 6(a) of the said Act authorises the Government to evict any person occupying any such property provided such person is not a tenant. It further authorises such eviction in a summary manner. The vires of that is not subject matter of this writ petition. The petitions had been evicted on the plea that they are not tenants and accordingly it was contended by the State that the State was well within its power to summarily evict the petitioners from the flats in question.

(3.) SECTION 2(f) of the sad Act defines the meaning of the word 'tenant'. It says that tenant means any person by whom the rent of any preemies is, or but for a special contract would be, payable and includes in the event of such person's death, such of his heirs as were ordinarily residing with him at the time of his death.