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SABYASACHI BHATTACHARYYA
Uttam Kumar Das – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Sabyasachi Bhattacharyya, J. - The petitioners claim to be licensees who have been carrying on their respective businesses in their allotted stalls in the Malda District Court compound. The last of such licences admittedly expired on March 31, 2011. From March 24, 2011 to March 26, 2013, the petitioners apparently submitted various representations to respondent nos. 4 and 5 to renew their licences.
2. On July 15, 2014, respondent no.4 issued a notification vide Memo No.858(B)/N directing all the stall-owners to submit their particulars as proof of valid occupation of the stalls.
3. On September 10, 2018, police personnel were allegedly deployed in the Malda Court compound and asked the petitioners to vacate their stalls, on which the petitioners allegedly submitted further representations to the respondent nos. 4 and 5. It is relevant to mention that respondent no.4 in the writ petition is the Office of the District Judge at Malda and respondent no.5, the District Magistrate and Collector at Malda. The writ petition alleges that on February 26, 2020, the Executive Engineer, Malda Division, Public Works Department (PWD), being respondent no.8, with his men and agents allegedly
Unauthorized occupants cannot convert illegal status into legal occupancy without state policy for rehabilitation.
A decision is vitiated by irrationality if the decision is so outrageous, that it is in defiance of all logic; when no person acting reasonably could possibly have taken the decision, having regard t....
The central legal point established in the judgment is that the nature of payments made by occupants, coupled with evidence of regularization or lawful occupation, determines their status as authoriz....
The court emphasized that eviction under the Public Premises Act requires subjective satisfaction of unauthorized occupation, ensuring fairness in administrative actions.
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