Marine Engineering And Trade Services v. Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction [ CIRCUIT BENCH AT PORT BLAIR ] ...

MAT/3/2022 Marine Engineering and Trade Services ... Appellant Vs.

Union of India and others ... Respondents Mr. Supriyo Chattopadhyay Mr. Arul Prasanth ...

for the appellant Mr. V.D.Sivabalan ...

for the respondent nos.1 & 2 Mr. Deep Chaim Kabir Mr. S.Ajith Prasad Mr. Shatadru Chakraborty ...

for the respondent nos. 3, 4, & 5 July 27, 2022 [SR] Item No.4 On consent of parties the appeal is being taken up for hearing, since the subject matter of dispute in the interlocutory application and that in the main appeal are virtually the same. The present challenge has been preferred against an order of the learned Single Judge, whereby it was directed that the Board was to take all necessary steps that they are entitled to under the license, to remove the writ petitioners, its men, agents, machineries and assignees from the jetty forthwith. Upon hearing learned counsel for the parties, it transpires that law permits the respondent authorities to take out appropriate proceedings for eviction of the petitioner, who claims

to be a licensee but is described as an unauthorized occupant by the respondents, by initiation of appropriate proceedings. In the event this Court goes into the factual premise of the respective contentions of the parties, the ultimate outcome of the proceedings continuing before the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 may be prejudiced.

Hence, we dispose of the appeal bearing MAT/3/2022 along with CAN/1/2022 with the rider that the observation of the learned Single Judge in the second paragraph of the third page of the impugned order, to the effect that the "Board is directed to take all necessary steps that they are entitled to under the licence, to remove the writ petitioner, his men, agents, machineries and assignees from the jetty forthwith" ought to be read as "the Board is directed to take all necessary steps to remove the writ petitioner, his men, agents, machineries and assignees from the jetty forthwith, in accordance with law and by adhering to due process of law".

It is reiterated that the merits of the respective contentions of the parties have not been gone into by this court and it will be open to the parties to take all points in the proceeding before the Estate Officer. If so taken, the Estate Officer shall decide the issues involved in accordance with law and without being influenced in any manner by any of the observations made by this Court or the learned Single Judge on merits.

The appearance of Mr. Deep Chaim Kabir, Mr. S.Ajith Prasad, Mr. Shatadru Chakraborty, as learned counsel for the respondents be regularized.

Urgent Photostat certified copy of this order be supplied to the respective parties upon compliance of usual formalities. (Sabyasachi Bhattacharyya, J.) (Hiranmay Bhattacharyya, J.)