Jyotirmay Bhattacharya, J. - (1.) This Mandamus Appeal is directed against the judgement and/or order passed by the learned Single Judge of this Court on 6th September, 2017 in a writ petition being W.P. No. 7677 (W) of 2014 at the instance of the appellants being the respondents in the writ petition.
(2.) By the impugned order the State respondents, namely the appellants herein, including the Medical Superintendent, Medical Collage Hospitals, Calcutta were directed to reinstate the writ petitioner's PCO in or near the ERCB ward near the pump room and reconstruct the PCO with all facilities that were existing at the time of its demolition, within 8 weeks of communication of the order. The legality of the said order passed by the Writ Court is under challenge in this Mandamus Appeal in the facts of the present case. In October, 1993 the Superintendent of Medical Collage and Hospital, Calcutta by a letter of even date permitted the writ petitioner to install one (1) handicapped attendant type granted PCO with incoming call facility at a place opposite of Green Building, Medical College Hospital having measurement of 6' x 7' feet with a rider to construct a kiosk at his own cost. The said permission was granted to the writ petitioner after considering his Orthopaedic handicappedness.
(3.) In September 1998 the Superintendent of Medical Collage and Hospital, Calcutta by another letter of even date permitted the writ petitioner to avail himself of the allotted space measuring 10' x 10' feet breadth with 12 feet height at the Eastern part of C.B. beside pump room, for installation of STD/ISD Pay Phone booth. The permission which was granted to the writ petitioner in 1993 was not the subject matter of the writ petition. The permission which was granted to the writ petitioner in 1998 was the subject matter of the writ petition; inasmuch as the Medical Superintendent vide letter dated 27th March, 2014 asked the writ petitioner to shift his PCO booth from Emergency Gate No. 2 to other place, as the Hospital authorities needed that space for expansion of its public services. The writ petitioner refused to shift the said PCO booth from the space allotted to him in terms of the permission granted on 23rd September, 1998 as such permission was granted to him for his enjoyment during his life time. Admittedly, the writ petitioner was using the said booth for carrying on business dealing in snacks items, mineral water, mobile recharge system, etc.. Carrying on of such business was done by the writ petitioner illegally as he was never permitted to do so by the Hospital authorities.;