- (1.) This Revisional Application calls for an interpretation of Section 4 of the Public Premises (Eviction of Unauthorsed Occupants) Act, 1971 (hereinafter referred to as the said Act of 1971) The said provision is reproduced below:- "4. Issue of notice of show cause against order of eviction.-(1) If the estate officer is of opinion that any persons are in unauthorized occupation of any public premises and that they should be evicted, the estate officer shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made (2) The notice shall- (a) specify the grounds on which the order of eviction is proposed to be made, and (b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the public premises,- (i) To show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than seven days from the date of issue thereof, and (ii) to appear before the estate officer on the date specified in the notice along with the evidence which they intend to produce in support of the cause shown, and also for personal hearing, if such hearing is desired. (3) The estate officer shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the public premises, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned." Facts of the Case :
(2.) The revisional applicant was a tenant under the Life Insurance Corporation of India (hereinafter referred to as LIC), a Central Government Organisation in respect of the premises No. 1 and 3, Brabourne Road, Calcutta. Dispute arose with regard to enhancement of rent. The applicant refused to pay the enhance rent. Since LIC did not accept the rent at the old rate the applicant stopped paying rent since May, 1997 A notice under Section 4 of the said act of 1971 was served upon the applicant. The applicant replied to the show cause notice dated July 17, 2003 on August 2, 2005 The estate officer upon receipt of the reply directed the applicant to file evidence on affidavit by August 29, 2005. On that date the matter could not be taken up in absence of the presiding officer. The matter was again fixed on September 20, 2005 when petitioner filed an application before the estate officer, inter alia, asking for a direction upon the LIC to disclose evidence first before the applicant could be asked to lead evidence. Such application was disposed of by the estate officer on September 20, 2005 by observing that identical ,ssue had already been decided by the High Court in C.O.No. 283 of 2005 Relying on the said decision the estate officer asked the applicant to lead evidence first. The order of the estate officer dated September 20, 2005 was challenged in this revisional application which was heard by me on the above mentioned dates Analysis of Section 4 .
(3.) On perusal of the section quoted (supra) it would appear that the estate officer was to first form an opinion to the extent that the person against whom the complain was lodged was in unauthorized occupation of any public premises and that he should be evicted. Once such formation of opinion was done the estate officer was to issue notice on such occupant to show cause why order of eviction would not be passed against him. Once such show cause notice was issued it was the duty of the concerned occupant to reply to such show cause notice on the date specified in the notice along with evidence which he intended to produce in support of the causes shown and also for personal hearing if such hearing was desired. Scope of Application of Section 4 in the Instant Case :;