MANINDRA BHUSAN SANYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the instant rule, the petitioner who carries on the business of running a hotel or lodging house under the name and style of 'Rest-Cot Boarding House' at Nos. 23 and 23/1, Hayat Khan Lane, Calcutta seeks to have the provisions contained in Sections 25-A to 25-F incorporated into the West Bengal Premises Tenancy Act, 1956 by the enactment of Section 10 of the West Bengal Premises Tenancy (Second Amendment) Act 1969 struck down.

(2.) The petitioner as stated herein-above has been carrying on the said business of running the hotel or lodging house known as "Rest-Cot Boarding House". There are many boarders and lodgers in the said lodging house of the petitioner and the rates payable by them for board and lodging vary from Rs. 3 to Rs. 4 per day depending upon the quality, situation and the space of the rooms allotted to such boarders.

(3.) For running the said boarding house and/or hotel, the petitioner has to obtain licence from the Commissioner of Police, Calcutta in accordance with the provisions of the Calcutta Police Act, 1866. Such licence is granted for a period of one year at a time and has to be renewed year after year. Prior to the introduction of Chapter IV-A in the said Act by means of Section 10 of the abovementioned Amendment Act, the lodgers or boarders of hotels and lodging houses who had been prior to the said Amendment mere licensees in respect of the space or seats allotted to them in the hotel or lodging house have acquired rights akin to tenancy of premises under the West Bengal Premises Tenancy Act, 1956 and cannot be evicted except on the grounds specified in Section 25-E. Subsequently, Section 25-G has been incorporated in the West Bengal Premises-Tenancy Act by means of the Amendment Act 18 of 1970 with effect from March 6, 1970.