Sanjib Banerjee, J.

The scheme and import of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 are called into question in this appeal from an order passed on the Arya respondents petition under Article 226 of the Constitution of India. In effect, the learned Single Judge held that an alleged unauthorised occupant of public premises had a right for his version of things to be considered by the landlord before the matter could be brought before an estate officer under the said Act.

2. The relevant facts are not much in dispute. The appellants issued a notice on July 28, 2006 requiring the writ petitioners to deliver vacant and peaceful possession of the relevant premises to the authorised representative of the appellants. The grounds put forth appear from the material portion of the notice:

"WHEREAS a lease for 30 years with one option of renewal with enact from 11.10.1990 in respect of 6437.435 sq.m of land at Transport Depot Road was granted to you with certain terms and conditions.

AND WHEREAS you have wrongfully parted with possession and inducted number of sub-tenants without the prior approval in writing from Kolkata Port Trust, the lessor, which constitut