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IN THE HIGH COURT AT CALCUTTA
T.S.SIVAGNANAM, CHAITALI CHATTERJEE (DAS)
Ramkrishna Vivekananda Mission – Appellant
Versus
Union of India – Respondent
JUDGMENT :
T.S. SIVAGNANAM, C.J.
1. This intra-Court appeal by the writ petitioners is directed against the order dated April 21, 2025 in W.P.A. 1135 of 2025. The said writ petition was filed by the petitioners challenging a notice issued under section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for brevity ‘the Act’). The petitioners questioned the said notice as being defective inasmuch as the grounds on which section 4 was invoked, were conspicuously absent in the notice, which was challenged in the writ petition.
2. The learned Single Bench by the impugned order, was of the opinion that the challenge to the show-cause is premature and the petitioners, though have sought to make out a defence of title over the subject property, but such defence has not yet been taken in the eviction proceeding inasmuch as reply to the show-cause notice has not yet been filed. Therefore, the learned Single Bench observed that it is always open to the petitioners to set up a title over the subject property as a defence and if such defence is taken, the Estate Officer is obliged to address the same.
3. On behalf of the State, reliance was placed on the decision in the case
The necessity for eviction must be justified in addition to establishing unauthorized occupation under the Public Premises Act, as reaffirmed by prior judicial interpretations.
The importance of not usurping the jurisdiction of the Estate Officer in matters involving mixed elements of fact and law.
Judicial review of administrative actions is limited and should not preempt available legal remedies.
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 jurisdiction of the Estate Officer under Section 4 of the Public Premises Act does not require the provision of reasons, and the pendency of a civil suit does not affect the authority's jurisdict....
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