Mohammad Azad vs Union Of India And Others
2022 Latest Caselaw 787 Cal

23rd February,
 2022
 (AK)
 04

                                    WPA 3042 of 2022

                                  (Via Video Conference)

                                     Mohammad Azad
                                             Vs.
                                 Union of India and others


                             Mr. Madhab Kumar Ray Chaudhury
                                                 ...for the petitioner.

                             Mr. Brijesh Kr. Singh
                                               ...for the respondent no.4.

The petitioner challenges an order of eviction passed

against the petitioner by the respondent authorities

under Section 5 of the West Bengal Public Premises

(Eviction of unauthorized occupants) Act, 1971.

Learned counsel for the petitioner contends that,

without giving appropriate opportunity of hearing to the

petitioner and despite the subsistence of a trade license

issued by the respondents themselves, the notice under

Section 4 and subsequent proceedings under Section 5 of

the 1971 Act were undertaken.

Learned counsel appearing for the respondents

submits that there is no legal impediment in passing an

order of eviction under Section 5 of the 1971 Act despite

the subsistence of a trade license.

Moreover, learned counsel controverts the

contention of the petitioner that no opportunity of hearing

was given to the petitioner.

Be that as it may, since the 1971 Act, under Section

9 thereof, specifically provides for a more efficacious

remedy of appeal than a writ petition, it would not be

prudent to interfere at this stage under Article 226 of the

Constitution of India, more so because the remedy of

appeal available to the petitioner is evidently more

efficacious, since the appellate court/forum can enter

into factual as well as legal questions, whereas the writ

jurisdiction is restricted by certain parameters as are

well-established by several judgments of this court and

the Supreme Court.

In such view of the matter, WPA 3042 of 2022 is

disposed of with liberty to the petitioner to approach the

appellate forum with an appeal under Section 9 of the

West Bengal Public Premises (Eviction of Unauthorized

Occupants) Act, 1971 within a week from date.

If so approached, the appellate authority shall

decide the same in accordance with law and upon giving

adequate opportunity of hearing to all the concerned

parties without being influenced in any manner by any of

the observations made herein.

For further clarification, the merits of the respective

contentions of the parties in connection with the

proceeding under Section 5 of the 1971 Act have not been

gone into by this court at all.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for,

be given to the parties upon compliance of all requisite

formalities.

(Sabyasachi Bhattacharyya, J.)