Banerjee, J. - (1.) The State of West Bengal is in appeal against the Judgment and Order of the Calcutta High Court recording a finding that the dispossession of the writ petitioner/respondents herein on 19th March, 1991 was arbitrary and without process of law. The High Court further directed in its order that the State authorities will not in any way disturb the possession of the Writ Petitioners without taking recourse to the provision of the West Bengal (Public Land Eviction of Unauthorised Occupants) Act, 1962 or such other provision as may be available to them.
(2.) The contextual facts depict that the writ petitioners were in possession of three out-houses in premises No. 62 Syed Amir Ali Avenue, Calcutta. The High Court while dealing with the facts came to the conclusion, however, that possessory right ought not to prevent the vesting of the entire property in the State Government and thus came to a finding that the entire premises No. 62, Syed Amir Ali Avenue, Calcutta came to be vested on to the State Government on and from 5th December, 1983. The High Court's finding on this score remains unchallenged as such we need not delve into its factual acceptability.
(3.) On the further factual score, the High Court observed that whether the writ petitioners/respondents herein can at all be said to be tenants in respect of the premises under their occupation under heirs of S. K. Ghose, since deceased or under V. C. Sood as claimed by the writ petitioners could not be of any concern of the Court in the appeal before it, but as consequence of the State Government's acquiring of title to the premises, continued occupation without the sanction of the later was unauthorised. This aspect of the factual finding also has not been challenged as such we need not dilate on this score as well.;