JAYANTA KUMAR BISWAS,J. - (1.) The petitioners in this WP under Article 226 dated January 25, 2012 are questioning an order of Kolkata Port Trust dated December 1, 2011 (at p.61) insofar as it concerns them.
(2.) The Port Trust granted the petitioners licence to use the premises in question for the purpose of storage and repair of empty containers (at p.27). The licence was renewed from time to time, and with respect to the last renewal disputes and differences arose between the parties. The Port Trust declared the petitioners as unauthorised occupants and initiated proceedings for eviction under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Such proceedings are pending. Admittedly, the petitioners, not yet evicted, are in actual physical possession of the premises in question.
(3.) By the impugned order the Port Trust has directed all concerned not to accept the pick-up challan issued by the petitioners for the plot in question as a valid document for permitting them to use the plot for movement of containers. This means that though the petitioners are in actual physical possession of the premises, they will not be entitled to use it for the purpose for which the Port Trust granted them licence.;