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MOUSHUMI BHATTACHARYA
Anup Saxena – Appellant
Versus
Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Eastern Railway – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
1. The petitioner is the sole proprietor of ‘We Care’ Nursing Home in Uttarpara in the district of Hooghly, West Bengal. The petitioner seeks a mandamus on the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and the Secretary, Ministry of Railways to cancel a notice issued by the Estate Officer on 29.3.2022 and an order passed by the Estate Officer on 23.6.2022. By the impugned notice dated 29.3.2022 the petitioner was asked to show cause as to why the petitioner should not be evicted from the public premises mentioned in the schedule to the notice. The impugned order dated 23.6.2022 directed the petitioner to remove the building/immovable structure from the alleged public premises.
2. The petitioner has challenged the impugned notice and order primarily on the ground of jurisdiction of the authorities to issue the said notice and order. The petitioner has also taken the point of the premises not being “public premises” within the meaning of section 2(e) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The reason given is that the said land was purchased by the predecessors in interest o
The importance of not usurping the jurisdiction of the Estate Officer in matters involving mixed elements of fact and law.
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