A.N.Ray, J. - (1.) In this, writ petition, the writ petitioner challenges a notice of termination of a licence in regard to a flat in a residential area at Haldia. 1he notice of termination is dated 15.1.87 and is annexure 'D' to the writ petition. The writ petitioner, at all material times, was licensed by the respondent authorities to engage themselves as clearing agents, and thus enter into, for their purposes, the protected port area of both Calcutta and Haldia.
(2.) The flat was taken under an agreement of 1979 - ostensibly under a licence, at a licence fee of Rs. 1,200/-, for three months, revocable on seven days' notice. Though the terms were such, the writ petitioner-licensee has continued in possession of the flat for the past 13 years, paying the agreed fees.
(3.) The case of the respondent Port Trust is that, the writ petitioner was a mere licensee in the flat. But the writ petitioner states that even according to a receipt dated as late as 25.6.87, moneys in respect of the flat were accepted as rental. Be that as it may, it is on record that the Port Authorities once attempted to terminate the occupational agreement of the writ petitioner in 1982. By a letter dated 7th July 1982, the writ petitioner was asked to vacate within two months of receipt of the letter. It was said that the respondent-authority needed the flat for accommodation additionally needed for the increased number of its employees. A follow up letter of 29.11.82 asked the writ petitioner to remove all effects by 31st January 1983.;