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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Estate Officer Adra South Eastern Railway – Appellant
Versus
Murgeswari Teoyar Alias Laxmi Teoyar – Respondent
| Table of Content |
|---|
| 1. challenge to an eviction order (Para 1 , 2 , 3) |
| 2. license agreement details and disputes (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. eviction process initiated by the petitioner (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. petitioner’s arguments against restoration (Para 24 , 25 , 26 , 27) |
| 5. observations on eviction legality (Para 28 , 29 , 30 , 31 , 32) |
| 6. court's findings in appeal (Para 34 , 35 , 36) |
| 7. definitions of lease and license (Para 37 , 38 , 39) |
| 8. impact of licensee's death on rights (Para 40 , 41 , 42 , 43) |
| 9. public premises licensing procedures (Para 44 , 45 , 46) |
| 10. rights of the licensor and licensee relations (Para 49 , 50 , 51) |
| 11. enforcement of correct legal principles (Para 52) |
| 12. final order and directives (Para 53 , 54 , 55 , 56) |
JUDGMENT :
Shampa Dutt (Paul), J.
1. The writ application has been preferred against an order dated 15th March, 2024 passed by the learned Additional District Judge, 3rd Court Purulia in Appeal no. 20 of 2016.
2. Vide the order under challenge the learned Additional District Judge, in appeal set aside the order dated 21.04.2016 passed by the Estate Officer, Adra Division, South Eastern Railway in connection with case
A license is a personal right that is not transferable or heritable, and expiry of the original licensee's rights extinguishes claims to possession without proper renewal.
The court emphasized that eviction under the Public Premises Act requires subjective satisfaction of unauthorized occupation, ensuring fairness in administrative actions.
Section 4 of Public Premises Act has provided for issue of show cause notice against order of eviction.
The appeal upheld that expired leave and license agreements do not confer tenant rights; occupancy post-expiration was considered trespassing.
A licensee whose license has expired cannot claim protected tenant status under Section 15A of the Bombay Rent Act, and tenants are estopped from questioning the landlord's title during eviction proc....
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