Chinu Mondal v. The Director And ANR

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/18/2023 Smti. Chinu Mondal ... Petitioner Vs.

The Director and another ... Respondents Ms. A. S. Zinu ... for the petitioner Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ... for the respondent No. 1 Mr. V. D. Sivabalan Mr. Arun S. Kumar ... for the respondent No. 2 January 19, 2023 [MAM] Item No.6 The Writ Petition is taken up for consideration pursuant to the order dated 16th January, 2023 when Mr. Shatadru Chakraborty, learned Advocate appearing for the respondent No. 1 has produced certain documents in support of the case of the respondents. On perusal of those documents and upon hearing the learned Advocates representing the respondents it appears that an order has been passed by the Estate Officer on 15th November, 2022. By the said order dated 15th November, 2022 the Estate Officer decided the reference against the petitioner and directed the plot described therein to be vacated. After hearing the learned Advocates representing the petitioner and the respondents it appears that there is an appeal provision under Section 9 of the Public Premises

(Eviction of Unauthorised Occupants) Act, 1971. Therefore, it appears appropriate remedy available to the petitioner is to prefer appeal before the Appellate Authority under Section 9.

This Court grants leave to the petitioner to prefer appeal before the Appellate Authority within fortnight from this date upon compliance of necessary formalities. If the appeal is preferred by the petitioner within the aforesaid period the Appellate Authority shall decide the appeal on merit and delay in preferring the appeal before the Appellate Authority will not be a relevant consideration keeping in view of the fact that the petitioner approached this Court by filing a Writ Petition.

The interim order of status quo passed by this Court on 16th January, 2023 shall continue till disposal of the appeal to be preferred by the petitioner.

However, it is made clear if the Writ Petitioner fails to prefer the appeal within the period of fortnight from date the interim order of status quo shall stand vacated after expiry of the said period without any reference to this Court.

With the aforesaid direction the Writ Petition is disposed of.

There shall be no order as to costs.

Since the affidavits are not called for allegations contained in the Writ Petition are deemed not to have been admitted.

Urgent Photostat certified copy of this order be supplied to the parties after compliance of all required formalities.

( Saugata Bhattacharyya, J. )