SURAJDEO SINGH Vs. BOARD OF TRUSTEES

JUDGEMENT

(1.) Three writ applications are taken up for disposal analogously as the facts are identical and same points are involved in all the three writ applications excepting the premises in question. In the present judgment, W. P. No. 281 of 2003 is dealt with.

(2.) Before entering into the merits of the case it will be convenient to look into the factual background of the case. In W. P. No. 281 of 2003, the premises in question is a godown being compartment No. D-2 on the ground floor of Calcutta Port Trust's Warehouse at Strand Road. Since, the said premises was unauthorisedly occupied by one M/s. Inland Transport, an application was filed by the respondent No.1 before the Estate Officer invoking his jurisdiction under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 for eviction of said M/s. Inland Transport. After hearing the Estate Officer by Order No. 17 dated 6.4.99 in proceeding No.258 of 1998 held that M/s. Inland Transport was an unauthorised occupant and a formal order of eviction was drawn up against them under Section 5 of the Act of 1971 and they were given 15 days time to vacate the said godown.

(3.) Challenging such order of eviction dated 6.4.99 passed by the Estate Officer, M/s. Inland Transport preferred an appeal under Section 9 of the 1971 Act before the learned Chief Judge, City Civil Court being Misc. Appeal No. 13 of 1999. The learned Chief Judge, City Civil Court by his order dated 30.9.99 dismissed the said appeal. Against the judgment and order dated 30.9,99 passed by the learned Chief Judge, City Civil Court an application under Article 227 of the Constitution of India was preferred by M/s. Inland Transport before this Court being C.O.No. 3261 of 1999 which was also dismissed by this Court on 24.05.2002. M/s. Inland Transport thereafter preferred a Special Leave Petition before the Hon'ble Supreme Court and the said SLP was dismissed by the Hon'ble Supreme Court on 25.10.2002.