Ct-08 Shyamali Chatterjee vs The Vice Chancellor
2023 Latest Caselaw 151 Cal

53      05.01.2023                     SMAT 15 of 2016

Ct-08                                  Shyamali Chatterjee
                                               Vs.

The Vice Chancellor, Visva Bharati & Ors.

ar Mr. Kaushik Dey ... For the Appellant

In view of Section 2 of Sub-section (iiia) the proceeding under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 is valid. For the purpose of convenience the said sub- section is produced below:-

2(e) "public premises" means .... 2(iiia) any University established or incorporated by any Central Act. On that score we find that the findings of both the courts do not call for any interference. We make it clear that the observation made in the impugned judgments and the order of affirmation shall not influence the authority in deciding the proceeding initiated under Public Premises (Eviction of Unauthorised Occupants) Act, 1971. We also further make it clear that there is no expression of opinion that the plaintiff is an unauthorised occupant. It is for the authority to decide the said issue on the basis of the available record.

On such consideration we do not find any reason to admit the second appeal and the appeal is hereby dismissed under Order XLI Rule 11 of the Code of Civil Procedure at the admission stage. There will be no order as to costs.

(Uday Kumar,J.) (Soumen Sen, J.)