M.H.S.Ansari, J. - (1.) Petitioner claim to be the lessee and also claim to be protected under the West Bengal Tenancy Act. 1956. In proceedings for sale of the property in question by the Recovery Officer under the Recovery of Debts Due to Banks & Financial Institutions Act, 1993 petitioner sought to intervene in the said proceedings before the Recovery Officer. Recovery Officer by his order No. 21 dated August 8, 2002 directed the proclamation, of sale to be drawn up and by his order No. 25 dated May 6, 2003 passed orders enabling the receiver to take appropriate steps for causing the suit premises to be vacated and declaring the persons found remaining in possession of the premises in question as illegal occupants. The aforesaid two orders of the Recovery Officer have been questioned in the instant writ application.
(2.) When the matter was moved before Court, order-sheet date February 10, 2003 shows that a contention was raised on behalf of the petitioner that the provision of appeal provided in the statute only extends it respect of orders passed by the Recovery Officer in exercise of his powers conferred under Sections 25 to 28 of the said Act and since the impugned orders so far as they relate to the declaration of the status of the petitioners and directing their eviction in a summary manner by police force is in excess of that jurisdiction conferred upon the Recovery Officer, petitioner cannot be denied the right to question the impugned orders by way of proceedings under Article 226 of the Constitution. Pending consideration of the said contention amongst others raised in the writ application this Court granted an interim order staying the operation of the impugned order of Recovery Officer No. 25 dated January 6, 2003 and clarified that status quo as of that date shall be maintained, matter was directed to appear two weeks thereafter and further it was directed that notice of the petition shall be served upon all respondents.
(3.) The interim order was extended from time to time as none had appeared on behalf of the respondents.;