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Calcutta High CourtWPA/2698/2020disposed

Arun Kumar Baderia v. Union Of India & ORS

2021-03-08Hon'Ble Justice Ravi Krishan Kapur2 pages

08.03.2021 rc/ct.no.10 Item No.06 WPA No. 2698 of 2020 Mr. Rabindranath Mahato Mr. Aritra Sankar Roy ...for the petitioner Mr. Naba Kumar Das ...for the respondent The grievance of the petitioner is for changing the ownership of the subject premises from the name of the original lessee to the petitioner's name.

The petitioner submits that he has filed an application for recording the change of ownership before the respondent authorities but the respondent authorities have not considered the same.

Advocate appearing on behalf of the respondents submits that this petition has been filed simply as a ploy to procrastinate and delay the execution proceedings which have been filed under the Public Premises Eviction of (Unauthorised Occupants) Act, 1971. He also submits that being aggrieved with the order of the District Judge, the petitioner has filed a civil revisional application being C.O.No. 1477 of 2019 pending before this Hon'ble Court. In view of the pendency of the civil revisional application, I am not inclined to entertain this writ petition.

I am of the view that the petition is simply a ploy to procrastinate and delay the proceedings under the Public Premises Eviction of (Unauthorised Occupants) Act, 1971.

Accordingly, WPA No.

of stands dismissed.

In so far as the petitioner's application (being Annexure P-9 appearing at page 45 of this writ petition) for change of the name is concerned, the respondent authorities are directed to consider and dispose of the same in accordance with law positively within three weeks from date without being influenced by any observation made in this order.

(Ravi Krishan Kapur,J)