RAJ KUMAR AGARWAL Vs. BENAMI COMMERCIAL PVT LTD

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against an order being No. 14 dated 26th May, 2006 passed by the Learned Estate Officer, Kolkata Port Trust, Kolkata, appointed by the Central Government under Section 3 of the Public Premises (Eviction of Unauthorized Occupants) Act of 1971 in proceeding No. 582 of 2004, at the instance of the intervener/applicant. Such proceeding was initiated under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act of 1971 at the instance of the Board of Trustee of the Port at Kolkata. In such a proceeding eviction order was passed by the learned Estate Officer against the opposite party No.2 herein, namely Shakti Transport Organization as its occupation of the public premises being compartment No. G-1 situated at the first floor of the godown known as Strand Warehouse, Kolkata and Compartment No. C/4 situated at the western half of the ground floor of Strand Warehouse, Kolkata, was found to be unauthorized.

(2.) The said unauthorized occupant against whom such order of eviction was passed did not challenge the propriety of the said order before the Appellate Forum. Thus it can be safely concluded that the said order of eviction was accepted by the said unauthorized occupant. But since the possession of the said property could not be recovered due to resistance put forward by the certain others persons including the some local political leaders, police help was granted by the learned Estate Officer in aid of execution of the order of eviction.

(3.) The propriety of the said order is under challenge in this revisional application at the instance of a stranger who described himself as a sub-tenant under the original lessee against whom the order of eviction was passed. The applicant/petitioner claims that the petitioner applied for regularizing his occupation in the said premises in terms of the policy guidelines contained in the resolution No. 39 dated 22nd March, 2001 of the Kolkata Port Trust formulated for grant of direct tenancy to the sitting occupants. The petitioner further contends that the Central Government has also formulated a policy decision in February 2005 empowering the Kolkata Port Trust to renew lease in favour of the sitting occupants where the original lessees are no more occupying the premises. Since the said representation is still under consideration before the concerned authority, the petitioner filed an application before the learned Estate Officer inter alia praying for an injunction for restraining the Port Trust Authorities from creating any obstruction or interference or disturbance in his peaceful use and occupation of the said godown and/or from trespassing into the said godown and/or evicting the applicant therefrom in any manner whatsoever. Since the said application has not been considered by the learned Estate Officer, the petitioner has prayed for issuance of direction upon the learned Estate Officer for early consideration of the petitioners said application on merit before this Court.