Biswanath Shaw vs Union Of India & Ors
2023 Latest Caselaw 3257 Cal

08.05.2023                IN THE HIGH COURT AT CALCUTTA
(sanjay)
Ct no. 237
                           CIVIL REVISIONAL JURISDICTION
  Sl. 705                         APPELLATE SIDE

                                   CO 1503 of 2023

                                   Biswanath Shaw
                                          Vs.
                                  Union of India & Ors.

                    Mr. Phatick Chandra Das,
                    Ms. S. Chowdhury (Bandhu)         ...for the petitioner.


                  The judgment and order passed in Misc. Appeal No.

             156/2016 by the learned Additional District Judge, 7th

             Court, Barasat, North 24 Parganas is under challenge.

             Thereby the learned Additional District Judge affirmed an

             order of termination passed by the Senior General Manager,

             Metal & Steel Factory, Icchapur under Sub-section (1) of

             Section 5 of the Public Premises (Eviction of Unauthorized

             Occupants) Act, 1971 and also affirmed the order dated 29th

             August, 2016 passed by the Estate Officer, Metal & Steel

             Factory, Icchapur for taking action for eviction of the

             appellant by directing him to vacate the business premises

             being Shop premises no.112 OWL.


                  Learned advocate appearing on behalf of the petitioner

             has submitted that the petitioner is possessing the subject

             shop room under a licence issued by or on behalf of the

             defence authority. It is further submitted that there was no

             allegation of default of payment of licence fees.


                   Learned advocate appearing on behalf of the petitioner

             concludes his argument by submitting that licence was
                               2




terminated without giving any opportunity of being heard to

the petitioner and thereafter Estate officer took up the

proceedings under Sub-section (1) of Section 5 of the Public

Premises (Eviction of Unauthorized Occupants) Act, 1971.


       Considering all facts and circumstances appearing

from the records I find that the issued contended in this

revisional application should be adjudicated in presence of

all the parties.


         Let there be a direction upon the petitioner to serve

notice along with the copies of this revisional application

upon     all   the   respondents   through   speed   post   with

acknowledgment due and file an affidavit of service to that

effect on the next date of hearing.

The judgment and order passed in Misc. Appeal No.

156/2016 by the learned Additional District Judge, 7th

Court, Barasat, North 24 Parganas be stayed till last week of

June, 2023.

Let this matter appear in the list on 26th June, 2023.

All parties shall act on the server copies of this order

duly downloaded from the official website of this Hon'ble

Court.

(Bibhas Ranjan De, J.)