- (1.) THIS application under Article 227 of the constitution of India is directed against the order no. 38 dated 17. 01. 2006 passed by the Estate Officer, Life Insurance corporation of India, Eastern Zonal Office, Calcutta in case no. EO/308/1104 whereby the Estate Officer has held that the proceeding is maintainable.
(2.) THE very short fact of the case is that the opposite party filed a case praying for an order of eviction against the present applicant on the ground that he had shown unwillingness to revise the rent and he had made massive renovation works of the premises in case without the consent of the opposite party. Accordingly a show cause notice was issued upon the applicant. Then after taking several adjournments, he filed a petition raising the question of maintainability of the proceedings. By an order dated 18. 02. 2005, the Estate Officer observed that the question of maintainability may be raised afterwards on taking evidence. Against such orders, the applicant preferred an application under article 227 of the Constitution of India challenging the said order and then Hon'ble Justice Jyotirmay Bhattacharyya has directed the Estate Officer to permit the parties to adduce evidence on the matter in dispute including the point of maintainability in the said proceeding. The Hon'ble Court has also directed that the Estate Officer would dispose of the proceeding by one comprehensive order; if it is found that the proceedings are maintainable. Thereafter the Estate Officer has passed the impugned orders. So the applicant has come up with the present application under Article 227 of the Constitution of India.
(3.) HAVING considered the submissions of the learned Advocate of both the sides and the materials on record, I find that the grievance of the applicant is simply over the observation that the proceedings are maintainable, without discussing any reasons therefor. So he is not able to take any other step against such orders. Therefore the learned Advocate for the applicant has prayed for passing the appropriate orders so that the observations of the Estate Officer do not create any bar to raise the question of maintainability afterwards. In this regard from the certified copy of the order dated 07. 03. 2005 in C. O. No. 686 of 2005 I find that the earlier application under Article 227 of the Constitution of India filed by the present applicant was disposed of by passing the following orders amongst others:- 'i dispose of this application by directing the Estate Officer to permit the parties to adduce their respective evidences in connection with the said proceeding on all issues and hearing may also be concluded on all the issues involved in the said proceeding, including the point of maintainability but the Estate Officer will take into consideration the issue regarding the point of maintainability first, and in the event it is found that the proceeding is maintainable, then the Estate Officer will dispose of the said proceeding by one single comprehensive order. But, in the event, the Estate officer finds that the proceeding is not maintainable, then the Estate Officer should not enter into the merit of the said proceeding with regard to the remaining issues involved therein. ';