DIPALI GHOSH Vs. STATE

JUDGEMENT

(1.) THE petitioner in this stay application having preferred an appeal against an order dated September 11,1985, passed by a learned single Judge of this court dismissing her writ petition, has prayed for stay of operation of the order appealed against. Since, in our opinion, it would not be just and proper to keep the appeal pending and at the same time grant the stay prayed for, we have heard out the appeal and the application together dispensing with all the other formalities since the material respondent, namely, the state of west Bengal and the appellant are both appearing before us.

(2.) THE writ petition is directed against an order for recovery of possession passed by the: competent authority in exercise of his powers under the West Bengal Government Premises (Tenancy Regulation) Act, 1976. That order was communicated to the appellant by the letter dated September 2. 1985. That was an order for recovery of possession of the Government premises on termination of a tenancy in favour of the appellant.

(3.) THE facts as they appear from the records of the proceedings under the West Bengal Government Premises (Tenancy Regulation) Act, 1976, produced by the counsel for the State, cannot be disputed Such facts may be set out shortly as follows,.