DOLLAR INDUSTRIES LIMITED Vs. ESTATE OFFICER, KOLKATA PORT TRUST
LAWS(CAL)-2021-10-5
HIGH COURT OF CALCUTTA
Decided on October 07,2021

Dollar Industries Limited Appellant
VERSUS
Estate Officer, Kolkata Port Trust Respondents

JUDGEMENT

SUVRA GHOSH,J. - (1.) As all the writ petitions pertain to an identical issue, they are disposed of by a common judgment.
(2.) The prayer of the writ petitioner in W.P.O. 844 of 2021 is as follows:- a) " A writ of and/or in the nature of Mandamus to issue commanding the respondent authorities concerned, to take appropriate steps to dispose off the representations made by the petitioners to the Estate Manager, General Administration Department, Estate Division, Kokata Port Trust, 15, Strand Road, Kolkata-700001 lastly made on June 11, 2021 at the earliest within a specific time frame; b) A writ of and/or in the nature of Mandamus to issue commanding the concerned respondent authorities and/or their men and agents and/or subordinates to take appropriate and/or effective steps in respect of the offers made by the petitioner to the Estate Officer, ?Kolkata Port Trust" for the kind consideration and for settlement of tenancy under tender cum auction procedure on long term lease under the scheme of "right of first refusal " in favour of the petitioner. c) A writ of and/or in the nature of Mandamus to issue commanding the concerned respondent authorities and/or their men and agents and/or subordinates from creating third party interest in respect of the subject land as described admeasuring about 595.877 and 31.89609 Square Meter at Plot No. HL 227 at Foreshore Road, Howrah, Police Station Shibpur; "
(3.) The admitted facts are laid down:- The petitioners were inducted into demarcated portions of premises No. 103/24/1, Foreshore Road, Howrah, by the recorded lessee, Binani Metals Ltd. and thereafter Ashamangal Portfolio Pvt. Ltd. and have been occupying the premises for the last 20 years by paying rent for the same. The Kolkata Port Trust being the owner of the land passed an order of eviction against the petitioners under section 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 on 29-01-2010 in a proceeding wherein the petitioners were not impleaded as parties and no notice under section 4(1) of the Act of 1971 was issued upon them. The petitioners challenged the said order of eviction before a coordinate bench of this court and by a judgment passed on 24-09-2013, the learned court directed service of notice upon the petitioners under section 4 of the 1971 Act by the Port Trust Authorities and a right of audience being given to the petitioners. In compliance with the said order, notices under section 4 of the Act were issued upon the petitioners and upon hearing the petitioners, an order of eviction was passed under section 5 of the 1971 Act on 30-11-2016. The petitioners are in occupation of the property till date, such occupation being declared unauthorized by the authority. ;


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