J. Bhattacharya, J. - (1.) The legality and/or validity of the show cause notice issued by the Estate Officer, Kolkata Port Trust, under Sub -section 1 of Sec. 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 has been challenged by the petitioner in this writ petition. In fact, legality of very initiation of the said eviction proceeding has been challenged by the petitioner on the ground that the Estate Officer has not applied his judicious mind in forming his opinion that the petitioner is an unauthorized occupier of the public premises.
(2.) Mr. Mitra, learned Senior Counsel, appearing for the petitioner, contended that since formation of such opinion is a condition precedent for initiation of such a proceeding by a quasi judicial authority, the very initiation of such proceeding can be nipped in the bud if judicious mind is not properly applied by the Estate Officer in the process of formation of such opinion.
(3.) By relying upon a decision of Hon'ble Supreme Court in the case of Whirlpool Corporation v/s. : AIR1999SC22 Mr. Mitra submitted that even quashing of the show cause notice in appropriate cases, is permissible. Mr. Mitra, thus, placed the background of this case under which the said eviction proceeding was initiated and invited this Court to interfere with the said show cause notice, as in his opinion, it is one of such appropriate cases where interference is needed.;