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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
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 no. E/L/244/PRR/2013.
3. The Court further directed the petitioners herein to restore the possession of the licensee in the said public premises within a specified period and hence the writ application.
4. The petitioners’ case is that C.S. Raju (since deceased), husband of the Private Respondent entered into an agreement with the Senior Divisional Commercial Manager, South Eastern Railways being Petitioner No.2 to run a South Indian Stall at the Purulia Railway Station on 24/1/2002 for the period from 13/04/2000 to 12/04/2005 at an annual license fee of Rs. 27320/-.
5. The Senior Divisional Commercial Manager, South Eastern Railways vide No. a letter No. C-120/Catg/Policy/ADA/05 by a letter dated 11/4/2005 extended the contractual agreement with C.S. Raju (since deceased) f
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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