- (1.) The petitioners in this WP under art.226 dated November 17,2011 are questioning a notice dated October 31,2011( at p.20) issued by the Additional District Magistrate Darjeeling asking the second petitioner to vacate the premises in question within the time mentioned in the notice, or to face legal action under the West Bengal Government Premises( Regulation of Occupancy) Act, 1984.
(2.) The second petitioner (Smt. Tripti Bose) was in employment of the State Government as a member of the Group-C staff. Accordingly, she was given license to occupy and use the premises in question, presumably, under the Act in 1996. She retired from service in 2003. Although in view of the provisions of s.11(1)(ii) of the Act the moment Tripti ceased to be in the employment of the State Government by reason of her retirement the license stood automatically terminated and she lost right to occupy and use the premises, she continued to use and occupy the premises illegally.
(3.) In 2008 the first petitioner (Tripti's son) got an employment in the Directorate of Forest of the Government of West Bengal as a member of the Group-D staff. Then, as he claims, he submitted an application dated July 13, 2008 requesting the District Magistrate to grant him license to occupy and use the premises. By an order dated February 4,2011 the District Magistrate granted the first petitioner license to occupy and use the premises. Then the first petitioner submitted an application dated April 29,2011 to the Assistant Engineer Housing Construction Division, Siliguri for grant of license to occupy and use the premises. While there is nothing to show that the Assistant Engineer took any step on the basis of the application, it is evident that the Additional District Magistrate,Darjeeling called upon Tripti to vacate the premises.;