ESTATE MANAGER ESTATE DIRECTORATE EX OFFICIO DEPUTY SECRETARY HOUSING DEPARTMENT Vs. DILIP KUMAR DE
LAWS(CAL)-1996-3-5
HIGH COURT OF CALCUTTA
Decided on March 19,1996

ESTATE MANAGER, ESTATE DIRECTORATE EX-OFFICIO, DEPUTY SECRETARY, HOUSING DEPARTMENT Appellant
VERSUS
DILIP KUMAR DE Respondents




JUDGEMENT

S.B.Sinha, J. - (1.)This appeal is directed against a judgment dated 14.12.95 passed in C.O. No. 11804(W) of 1995 whereby and where under the learned judge allowed the writ application filed by the writ petitioner questioning the legality and validity of a notice dated 19.6.95 as contained in annexure 'J' to the writ application, in terms whereof the writ petitioner was asked by the appellant to vacate the tenanted premises in purported exercise of his jurisdiction under section 3(2)(ia) of the West Bengal Government Premises (Tenancy Regulation) Act, 1976.
(2.)The fact of the matter lies in a very narrow compass and are not much in dispute.
(3.)By reason of an agreement dated 10.7.71 as contained in annexure 'A' to the writ application, the writ petitioner, who was not a Government employee, was allotted a fiat, being fiat No. 0/2 in Maniktala M.I.G. Housing Estate. In terms of clause 7 of the said agreement, the writ petitioner was not to takeover possession of the said fiat if he is already in possession of any Government fiat either in his own name or in the name of his relatives. It stands admitted that the writ petitioner along with his wife jointly became members of a Co-operative Society known as Iswar Chandra Vidyasagar Samabay Nibas Limited and was allotted a fiat. It is not disputed that the said fiat is situate within a radius of 25 Kms. from the premises allotted to him by the appellant.
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