Arijit Banerjee, J. - (1.) By consent of the parties, the appeal and the application are taken up for hearing together and the same are treated as on day's list.
(2.) The appellant is a tenant under the respondent company. A notice issued under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 was challenged by the appellant before the learned single judge by filing W.P. No. 28002 (W) of 2017. The writ petitioner/appellant contended before the learned single judge that the Estate Officer is an employee of the respondent company and had dealt with the matter, had issued various letters to the writ petitioner/appellant and has also issued the show cause notice under Section 4 of the said Act, hence, the said Estate Officer should not continue with the proceeding and some other Estate Officer should be entrusted with the matter as there is likelihood of bias. The learned single judge Relying on the decision in Crawford Bayley & Co. & Ors. vs- Union of India, 2006 6 SCC 25 dismissed the writ application holding that just because the Estate Officer is an employee of the respondent company, the same per se does not give rise to any possibility of bias.
(3.) Being aggrieved, the writ petitioner is before us by way of the present appeal.;