Sabyasachi Bhattacharyya, J. - (1.) The present application under Article 227 of the Constitution of India has been preferred by the authorities against an order whereby the appellate forum under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, allowed an appeal preferred under Section 9 of the said Act by the opposite party no.1 and set aside an order of eviction passed by the Estate Officer under Section 5 of the said Act of 1971.
(2.) Service on the proforma opposite party nos. 2 and 3 is dispensed with, since no relief has been sought for in the present revision against the said parties.
(3.) The primary ground of challenge of the petitioners is that the appellate authority did not have jurisdiction to go into the merits of the termination of the authority of the opposite party no.1 to continue his occupation of the disputed premises. It is submitted that such order, directing the opposite party no. 1 to vacate his accommodation at Kolkata, upon transfer of the opposite party no. 1 to the Durgapur Commissionerate, was challenged previously before the Central Administrative Tribunal, which was disposed of by the tribunal on April 25, 2016, directing the authorities to consider the case of the opposite party no. 1 sympathetically and to pass an order in accordance with law within two months.;