Sukdev Sarkar v. State Of West Bengal& ORS

ns W.P.A. No.5956 of 2020 16.09.

With CAN 1 of 2020 (Old CAN No.4116 of 2020) Sukdev Sarkar

Versus

State of West Bengal & Ors.

(Via Video Conference) Mr. Shahan Shah ... For the petitioner.

Mr. Raja Saha, Mr. Pritam Choudhury ....

For the State.

The writ petitioner assails a notice issued under the provisions of the West Bengal Government Premises (Tenancy Regulation) Act, 1976.

Learned Advocate appearing for the petitioner submits that, the impugned notice was issued by a person who do not have the authority to do so. He submits that, there was a subsisting lease, which expired by efflux of time. Thereafter the authorities accepted the rent from the petitioner.

State is represented.

Learned Advocate appearing for the State submits that, the petitioner can take these points before the adjudicating authority.

A notice dated July 17, 2020 was issued to the petitioner. Admittedly, the petitioner is in occupation of a Government premises. The petitioner claims tenancy under the Government. Such tenancy is governed under

the Act of 1976. It is for the petitioner to raise the issues, if he is advised to do so before the appropriate forum. At this stage, interference by a writ Court is not called for. W.P.A. No.5956 of 2020 along with CAN 1 of 2020 (old CAN No.4116 of 2020) are dismissed. No order as to costs.

( Debangsu Basak, J. )