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1993 Supreme(Cal) 479

ANANDAMOY BHATTACHARJEE, NISITH KUMAR BATABYAL
Accounting & Secretarial Services Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Tapas Banerjee, Samarjit Gupta, S. Singh, C.N. Mukherjee for the Appellant.
Bhaskar Gupta, Bimal Chatterjee, G.C. Sen for the Respondent.

JUDGMENT

NISITH KUMAR BATABYAL, J.

1. This appeal is directed against the judgment and order dated 25th February, 1993 passed by a Learned Single Judge of this Court in C.R. No. 13552 (W) of 1982 (Messrs. Accounting & Secretarial Services Pvt. Ltd. & another vs. Union of India & other) The appellants-petitioners filed an application under Article 226 of the Constitution of India challenging the ex parte order passed by the Estate Officer, United Commercial Bank dated 25th November, 1982 directing the petitioner to vacate the premises no. 1B, Russel Street, Calcutta by 31st December, 1982. The said order was passed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The vires of s. 3 of P.P. Act, 1971 was also assailed as ultra vires Article 14 of the Constitution of India.

2. In short, the facts of the case are that the United Commercial Bank, respondent no. 2 in the appeal is the owner of premises no.1B, Russel Street, Calcutta. The appellants claim to be the tenant in respect of the disputed premises at a monthly rental of Rs. 1000/- for carrying on business therein. By an agreement between the appellant no.1 and the respondent no.2 dated 3rd January, 1962, the




























































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