Chittatosh Mookerjee, J. - (1.) The Estate Officer, Eastern Railway the respondent no. 4, by his order dated 6th September, 1975 under section 5(1) of the Public Premises (Eviction of. Un-authorised Occupants) Act, 1971 directed Asansol Municipality and all persons who might be in occupation to vacate the land known as Beef Market in Asansol described in the schedule to the said order. Hon'ble Mr. Justice Manas Nath Roy by his judgment and order dated 3.4.1980 discharged the Rule challenging the said order under Article 226 of the Constitution obtained by the Commissioners of the Asansol Municipality.
(2.) The short point in this appeal is whether or not the said order under section 5(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 was without jurisdiction and null and void. We find no merit in this appeal, although our reasons are some what different from those given by the learned Single Judge for discharging the Rule.
(3.) It is undisputed that the aforesaid land belonged to the Eastern Railway Administration and that at least since the year 1908 the Commissioners of the Asansol Municipality had been occupying the said land as a lessee on payment of annual rent of Rs. 2/- The Municipality has been using the said land for the purpose of a Beef Market. The appellant, Commissioners have themselves disclosed a notice dated 24th April, 1964 issued by the Divisional Superintendent, Eastern Railway for and on behalf of the President of India addressed to the Administrator Asansol Municipality determining the said tenancy on the expiry of 31st May, 1964 (vide Annexure 'B' to the writ petition). The Commissioners did not challenge the validity of the said notice to quit dated 24th April 1964 either before the Eastern Officer Eastern Railway or in the writ proceedings. The expression "unauthorised occupation " according to 'section 2(g) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 means 'the occupation of any person of the public premises without authority for such occupation and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever'. Therefore, after the determination of their monthly tenancy the Commissioners were in unauthorised occupation of the aforesaid plot of land upon which the Municipal Beef Market stood.;