D.B.Dutta, J. - (1.) An interim order staying the operation an order of Eviction, which was passed under section 5(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter called the said Act) and was appealled against before the learned District Judge under section 9 of the Act, forms the subject matter of the present revisional application under Article 227 of the Constitution of India.
(2.) The facts and circumstances leading to that appeal may, in short, be stated as follows :- The Respondent was the General Manager (Commercial) of the petitioner Company. He was posted at Calcutta and was occupying a Flat being No. A-1, 22 Raja Santosh Road, Alipore, Calcutta-700 027 which was allotted to him by the Company. By the office order dated 16.8.1997, he was transferred to Jabbalpur from Calcutta and by a letter dated 16.9.1997 he was requested to vacate the flat by the end of the month of September 1997. Being aggrieved by the order of transfer as well as the letter asking for vacation of the flat, he approached this court in a writ petition under Article 226 of the Constitution of India being W.P. No. 21677(W) of 1997 and Mr. A. Kabir, J. by his order dated 25.9.97 was pleased to pass an interim order directing the Company to maintain status quo with regard to the flat in question till 30th September, 1997. On 6.11.1997 when the said writ application came up for consideration of the question of extension and/or granting of any interim order, His Lordship was not inclined to interfere with the order of transfer but extended the interim order with regard to the flat till the expiry of eight weeks from that date or until further order, whichever is earlier.
(3.) Upon expiry of eight weeks from 6.11.1997, the matter came up for hearing before Mr. A. N. Ray, J. sometime in July 1998 and His Lordship was not pleased to extend the said interim order.;