- (1.) This application under Article 227 of the Constitution of India is directed against an order being No. 100 dated 24th June, 2009 passed by the Estate Officer in an eviction proceeding under the Public Premises (Eviction of unauthorized occupants) Act of 1971 being E.O. No. EO/ 19/0878, by which the reliefs claimed by the petitioner in its application, was rejected by the Estate Officer. The petitioner is aggrieved by the said order. Hence the petitioner has come before this Court with this application.
(2.) Heard Mr. Sabyasachi Chowdhuri, learned Advocate, appearing for the petitioner and Mr. Arijit Chowdhuri, learned senior Counsel, appearing for the opposite party No. 1 and Mr. Sen, learned Advocate, appearing for the opposite party No. 3.
(3.) Let me now consider as to how far the Estate Officer was justified in passing the impugned order in the facts of the instant case. Admittedly the Ritz Continental Hotel Limited (In Liquidation) was a lessee in respect of the property in question being premises No. 11, Government Place, East Calcutta, under Life Insurance Corporation of India, the opposite party No. 1 herein. The tenancy of the said Ritz Continental Hotel Limited (In Liquidation), was terminated by notice and thus, the said tenant became an unauthorized occupant in the said premises in view of the provision contained in Section 2(g) of the Said Act. Since the said tenant did not vacate the said premises in spite of determination of its tenancy, an eviction proceeding was initiated against the said tenant under Section 4 of the said Act before the Estate Officer. In the said proceeding various other occupants of the said premises including the petitioner herein were impleaded as unauthorized occupants and their eviction was also sought for from the said premises, in the said proceeding.;