HIRALAL SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Assailing the judgment and order dated 29th April, 2014 passed by a learned Judge of this Court disposing of the writ petition filed by the appellant herein, this appeal has been filed and in connection with the said appeal, an application for stay has also been tiled. Both the appeal and the application have been taken up for consideration today. The learned Single Judge by the impugned order under appeal directed the Commissioner of Police, Kolkata to institute appropriate proceeding against the appellant herein for realization of the mesne profits and damages for the wrongful occupation of the government premises by the appellant/petitioner herein. The learned Single Judge further directed the respondent authorities to retain such of the retiral and other dues of the appellant/petitioner, which have not yet been paid, till the mesne profits or damages are realized.

(2.) It is now to be decided whether the appellant/petitioner herein was in wrongful possession of the premises in question.

(3.) Mr. Sadhan Roy Chowdhury; learned Advocate representing the State-respondents relies on the provisions of the West Bengal Government Premises (Regulation of Occupancy) Act, 1984 and submits that the compensation is payable for unlawful occupation of the government premises.