Harish Tandon, J. - (1.) Several relief are sought in the instant writ-petition but primarily a prayer for issuance of mandamus has been sought for commanding the respondent authorities to take steps under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 for execution of the order of eviction passed by the Estate Officer on May 28, 2005.
(2.) The pleadings unfurled would reveal that the petitioner no. 1 who was previously known as Bengal Bonded Warehouse Association was granted license in respect of plot of land situated at Sonai 'D' Block being Plot No. G.R. 16/1-D, Sonai measuring about 9190.33 square meter having actual measurement of 8943.87 square meter on the basis of a letter dated August 7, 1979. Subsequently, a notice to quit was issued upon the petitioner no. 1 on January 22, 1993 terminating the grant on the grounds enumerated therein. The said notice was challenged by way of a writ-petition before this court and was disposed of by an order dated February 17, 1993 directing the respondent authorities to evict the said petitioner without recourse to law. It was, however, made clear therein that all points taken in the writ-petition were kept open, if taken, to be decided by the appropriate forum.
(3.) A fire broke out on January 1, 1995 resulting into the destruction of all records and papers. The Estate Officer issued show cause notice dated November 30, 2004 under Section 4 of the said Act alleging that the petitioner is an authorized occupant. A plea was taken by the said petitioner that since the relevant papers and documents had been destroyed by such devastating fire which broke out on January 1, 1995, unless the documents are provided to it, it is not possible to file reply to the said show cause.;