JUDGMENT :

Om Narayan Rai, J.

1. This writ petition has been filed assailing the impugned taking over of the possession of the plot of the petitioner on July 04, 2025 in terms of eviction order dated February 02, 2025 under Section 4 and 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereafter the said Act of 1971) by the respondent authorities.

CASE RUN IN THE WRIT PETITION:

2. A brief summary of the facts gathered from the writ petition may first be noticed:-

a. It is the petitioner’s case that a plot of land measuring about 133.780 square meters was allotted to him by the Board of Trustees of the Port of Calcutta about 50 years back treating him as a tenant for the purpose of his business of coal storing as well as supplying.

b. At the relevant point of time, a railway track was functioning at such yard. Such track was removed in the year 1982 and thereafter the petitioner changed his business from coal to paint.

c. One Dial Automobiles (Pvt.) Ltd. has been supplying paint to the petitioner and he has been carrying on his business of painting since 1988.

d. The respondent authorities used to raise monthly rent bills upon the petitioner in respect of the said tenancy and the petitioner paid the same regularly without fail. Such bills were raised upto January, 1992 but not thereafter. The petitioner visited the office of the respondent nos. 3 and 4 time and again for such purpose but to no avail.

e. On February 11, 2022 the petitioner received a caveat under Section 148A of the Code of Civil Procedure, 1908 (hereafter the Code) filed by Board of Trustees of Port of Kolkata. It appeared to have been lodged in respect of order no. 18 dated February 02, 2022 arising out of Proceeding No. 1820 of 2020 and Proceeding No. 1820/B of 2020 in respect of the said piece or parcel of land measuring 133.780 sq. meters.

f. The petitioner made immediate enquiries upon receiving the said caveat in order to take appropriate steps against the relevant order but nothing was informed to the petitioner from the side of the respondents and no document in respect of either the proceedings that led to the order dated February 02, 2022 or the said order itself was supplied to the petitioner.

g. Suddenly a Memo bearing No. 3184/135/29/10691 dated December 16, 2024 was issued to the petitioner by the Executive Engineer for the Estate Manager (I/C) whereby the petitioner was informed that a sum of Rs.9,58,270.02/- being the arrears of rent and taxes upto August 31, 2024 was due in respect of the said plot and that further interest thereon was also payable by the petitioner in respect thereof. The said communication also indicated that the petitioner was occupying the property/properties of the Syama Prasad Mookerjee Port, Kolkata (hereafter SMPK) unauthorisedly and he was liable to pay compensation and/or damages as per the schedule of rent notified by SMPK from time to time for unauthorised use and occupation of public premises upto the date of peaceful handing over the property to SMPK in vacant and unencumbered condition.

h. After receiving the said memo the petitioner requested his paint supplier to help him to liquidate the dues as also inform the respondent authorities that the petitioner could not make payments earlier as his business had suffered due to the Covid-19 pandemic and that he wished to pay off the dues in instalments.

i. Accordingly Dial Automobiles (Pvt.) Ltd. made payment of an aggregate sum of Rs.5,50,000/- in tranches under cover of letters dated January 09, 2025, February 11, 2025, March 11, 2025, April 11, 2025, May 15, 2025 and June 10, 2025.

j. It is the petitioner’s case that Dial Automobiles (Pvt.) Ltd. had informed the respondent authorities that the petitioner was unable to pay the rent and taxes and that Dial Automobiles (Pvt.) Ltd. would pay the same every month to SMPK together with the arrears to avoid litigation.

k. The SMPK authorities accepted the letter along with cheque with the caveat that the cheque h