JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The Estate Officer of the Kolkata Port Trust (KoPT) passed an order on December 5, 2005 in Proceeding No. 398 of 2001 directing the petitioner-Company to pay arrear rent of Rs.1,20,00,000/- at the rate of Rs.5,00,000/- per month. The said order has been challenged in WPO No. 506/2006.

2. In the same eviction proceeding, the Estate Officer passed an order of eviction on May 15, 2006, which has been assailed in WPO No. 728 of 2006. The said order has been passed by the Estate Officer “subject to decision in” WPO No. 506 of 2006 or order passed by competent court of law.

3. Learned senior counsel appearing for the petitioner argues that the eviction proceeding was bad, being without any notice to quit terminating the tenancy of the petitioner.

4. It is argued that the lease of the petitioner expired on June 1, 1985 and by a letter dated August 18, 1986, the KoPT granted a monthly tenancy to the petitioner with effect from June 1, 1985, which has not been determined till date. Hence, the petitioner never was or is an unauthorised occupant, which is a sine qua non for initiation of any proceeding under the Public Premises (Eviction of Unauthorised O