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SABYASACHI BHATTACHARYYA
Ravi Auto Limited – Appellant
Versus
Board Of Trustees For Syama Prasad Mookerjee Port Of Kolkata – Respondent
JUDGMENT
1. Shorn of unnecessary details, the facts of the case are as follows:
2. The Estate Officer, Kolkata Port Trust (KoPT) passed an eviction order against the petitioners on May 3, 2019 in respect of two plates of land with structure. an appeal preferred against the said order was dismissed for non-prosecution on February 18, 2020. The writ petitioners claim that, as per mutual settlement, the petitioner communicated its readiness to surrender the premises in favour of the KoPT on February 24, 2020; however, KoPT failed to take possession.
3. Ultimately, vide order dated September 21, 2020 passed by a co-ordinate Bench of this court in W.P.a. 6927 of 2020, possession was handed over to the representatives of the KoPT on September 28, 2020. In the said order, it was recorded that the KoPT had claimed that it was entitled to huge arrear dues from the writ petitioners, which was denied by the latter. The learned Single Judge observed further that in the event the Port Trust authorities were entitled to any amount on account of the premises or the writ petitioners are entitled to any refund or adjustments, it would be open to the parties to take appropriate steps in accordance with
The Estate Officer's power to require payment of rent or damages in respect of public premises under Section 7 of the Public Premises (Eviction of Unauthorised Occupants) act, 1971.
The pending proceeding before the Estate Officer was the appropriate forum for adjudication of disputed factual issues.
The necessity for eviction must be justified in addition to establishing unauthorized occupation under the Public Premises Act, as reaffirmed by prior judicial interpretations.
Judicial review of administrative actions is limited and should not preempt available legal remedies.
The provisions of the Transfer of Property Act and Rent Control Act are not applicable to public premises covered by the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.
The importance of not usurping the jurisdiction of the Estate Officer in matters involving mixed elements of fact and law.
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