Dipankar Datta, J. - (1.) These writ petitions involve a common legal issue and hence this Bench proposes to decide the same by this common judgment and order.
(2.) Shorn of unnecessary details, the claim in W.P. 1134 of 2015 is that premises No. 2, Meredith Street, Bharat Niketan, Kolkata - 700 072 (hereafter the said premises) was originally owned by Bharat Insurance Company Limited (hereafter the company); that, the petitioner's father, uncle and other family members used to reside in Flat No. D -2 on the 3rd floor of the said premises (hereafter the said flat) since late 1940/early 1950; that, the company had granted tenancy in the name of the petitioner's uncle in respect of the said flat; that, the petitioner was born in 1954 in the said flat; that, consequent upon nationalisation of life insurance business, the assets and liabilities of the company were taken over by the Life Insurance Corporation of India (hereafter the Corporation), which became the owner of the said premises; that, even thereafter, the tenancy continued; that, the petitioner's father had become a tenant in respect of the said flat under the Corporation and after his death, other surviving heirs and representatives have relinquished their tenancy rights in favour of the petitioner; that, despite having knowledge of the same, the Corporation refused to grant tenancy in respect of the said flat to the petitioner; that, as and when rent fell due the same was duly paid by the petitioner and received by the Corporation; that, vide a notice dated April 6, 2015 issued by an advocate acting for the Corporation, addressed to the petitioner's dead father, the tenancy was determined and he was called upon to quit, vacate and deliver vacant possession of the said flat by May 31, 2015; that a notice to show cause was issued by the Estate Officer of the Corporation (hereafter the estate officer) in the name of the petitioner's dead father under Sec. 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereafter the 1971 Act) calling upon him to show cause within August 12, 2015 why an order of eviction shall not be made and fixing August 14, 2015 as the date of appearance; that, two other notices, both dated August 1, 2015 had been issued by the estate officer under Sec. 7(3) and 7(1) of the 1971 Act calling upon the petitioner's dead father to pay varying amounts as indicated therein on account of arrear rent, interest, etc.; and that, further notices have been issued by the estate officer fixing fresh dates of hearing upon brushing aside the response of the petitioner that no proceeding could have been initiated under the Act which is wholly inapplicable.
(3.) Since the estate officer has been continuing with the proceeding under the 1971 Act, this writ petition has been presented seeking order for quashing thereof including quashing of the notice to quit and the notices issued under the 1971 Act.;