Bhaskar Bhattacharya, J. - (1.) This mandamus appeal is at the instance of a writ petitioner and is directed against order dated 21th July, 2005, passed by a learned Judge of this Court thereby dismissing a writ application filed by the present appellant by which the appellant challenged a notice dated 29th June, 2005 issued by the Estate Officer under the provision of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the Act).
(2.) The following facts are not in dispute: The present appellant was a tenant under Life Insurance Corporation and the tenancy was governed under the provision of the Act. In the past, on the allegation that the appellant had illegally sublet a portion of the tenanted property, the Estate Officer after complying with the provisions contained in the Act passed an order of eviction on 13th July, 1992. The present appellant did not prefer any appeal provided under the Act against such order of eviction and as such, the said order has attained finality.
(3.) Subsequently, one M/s. Biswanath Engineering Corporation Ltd. filed a writ application before this Court being W.P. No. 2214 of 1992 against the respondent alleging that there was an agreement between the said M/s. Biswanath Engineering Corporation and the respondent for transfer of tenancy of the writ petitioner on certain conditions and one of the conditions was that the said M/s. Biswanath Engineering Corporation would pay all arrears of rent payable by the writ petitioner.;