- (1.) This is a writ petition of the year 1985 challenging the judgment and order dated 27.3.1985 passed by the learned Chief Judge, Ciry Civil Court at Calcutta in Misc. Appeal No. 5 of 1982. The aforesaid judgment was passed in an appeal preferred by the writ petitioner under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 against the order of eviction passed by the Estate Officer. The said Misc. Appeal was dismissed on merits by the aforesaid judgment and order dated 27.3.1985. The petitioner has filed a supplementary affidavit to this writ petition disclosing certain subsequent facts which are relevant for the purpose of disposal of this writ petition such as Gazette notification dated 30.5.2002 framing guidelines to prevent arbitrary use of powers to evict genuine tenants from the public premises under the Control of Public Sector Undertakings/Financial Institution by the Directorate of Estates under Ministry of Urban Development and Poverty Alleviation. One of such guidelines has been incorporated in Clause -V of the said Gazette notification which reads as under "AII the Public Undertakings should immediately review all pending cases before the Estate Officer or Courts with reference to these guidelines, and withdraw eviction proceedings against genuine tenants on grounds otherwise than as provided under these guidelines. The provisions under the P.P. Act should be used hence forth only in accordance with these guidelines."
(2.) It further appears from the records of this case that the respondent authorities have accepted other occupants of the said premises as tenants under it by accepting rents from April, 1988 onwards that is after initiation of the proceeding under the aforesaid Act against the petitioner sometime in the year 1981.
(3.) In these facts and circumstances and more particularly in view of the aforesaid notifications this Court is of the view that the case of the writ petitioner for recognising him as a tenant of the disputed premises in the line in which the other occupants of the said premises have been recognised as such and as above should be considered by the authority concerned. 1, therefore, direct the concerned respondent authorities to consider the case of the writ petitioner in the light as above without being influenced by the impugned orders of eviction expeditiously and preferably within a period of four months from the date of communication of this order.;