GOPAL CHANDRA SARKAR Vs. HINDUSTHAN STEEL LTD

JUDGEMENT

(1.) These two Rules were obtained by the Petitioner against an order passed by Shri S. Maiti, Subordinate Judge,, Burdwan, acting as appellate officer and affirming two orders passed by Mr. P.N. Swami, Estate Officer, Hindusthan Steel Ltd., in Case No. Estates 4 and 4A of 1970 directing the Petitioner to vacate two quarters under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1958, as amended by the validating Act, of 1971 (to be hereinafter referred to as the Act).

(2.) The Petitioner claims to be a, lessee under Durgapur Club, who in turn was permitted to occupy the premises belonging to Durgapur Steel Plant (D.S.P.). The tenancy of the Club has, been duly terminated by the Durgapur Steel Plant authority and the Petitioner was, accordingly, served with a notice under Section 4(1) of the Act.

(3.) Before the learned Estate Officer, the Petitioner challenged the locus standi of the Durgapur Steel Plant to initiate the proceedings and contended that there was no valid determination of the tenancy by the Club. It was also contended that since his suit against the Durgapur Steel Plant for illegal dismissal of service was pending, he could not be evicted from the premises. The learned, Estate Officer after hearing the parties directed the Petitioner to vacate. Against this order the Petitioner preferred an appeal before the District Judge, Burdwan and the matter was heard by the Subordinate Judge who dismissed the appeal. Against this order the Petitioner moved this Court under Article 227 of the Constitution and obtained the instant Rules.