SIDHARTHA SARAWGI Vs. BOARD OF TRUSTEES

JUDGEMENT

(1.) The only question to be answered in all the above writ applications is whether the Land Manager (I/C) had the power to issue the notice to quit vacate and deliver up possession of the leased property.

(2.) According to me, there is an apparent conflict between the decisions in C.O. No. 2423 of 2002, M/s. Om Credit Corporation and another v. Board of Trustees of The Port of Calcutta and another (unreported) decided by a learned Single Judge of this Court on 11th January 2005 and W.P. No. 767 of 2009, Universal Autocrafts Private Limited & Anr. v. The Board of Trustees for the Port of Kolkata & Ors. (unreported) decided by a Single Bench of this Court on 24th February 2010.

(3.) In both the above cases, identical issues as in this matter were involved. But I do note that the earlier decision was not cited before the Court delivering the later decision.