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2022 Supreme(Cal) 740

SABYASACHI BHATTACHARYYA
Central Warehousing Corporation – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Samrat Chowdhury, Mr. Tapas Kr. Manna, Ms. Anindita Majumder, for the Appellant; Mr. Manoj Malhotra, Mr. Suman Dey, for the Respondent

JUDGMENT

Sabyasachi Bhattacharyya, J. - The Estate Officer, Central Warehousing Corporation (CWC), by a composite order dated February 15, 2020 passed under Sections 5 and 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short, 'the PP Act'), directed eviction of the writ petitioner in WPA 7972 of 2022, namely, M/s Bharat Express and payment of a sum of Rs. 13,34,580 /- with interest as rental dues/license fees. It was recorded in the order that despite getting several opportunities the writ petitioner did not contest the proceedings.

2. Such order was not complied with by the petitioner. The CWC filed a writ petition bearing WPO 1276 of 2022, primarily complaining of police inaction in implementing the eviction order of the Estate Officer. Vide order dated March 14, 2022, the writ petition was disposed of by directing police assistance to be given to the CWC and its agents in implementing the order dated February 15, 2020 in respect of the disputed property.

3. An appeal, bearing APO 38 of 2022, was preferred against the said order dated March 14, 2022. In the appeal, for the first time, the judgment debtor/appellant contended that the original proprietor

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