CALCUTTA HIGH COURT
PARTHA SARATHI CHATTERJEE, J
NANDY STONE INDIA LIMITED – Appellant
Versus
BOARD OF TRUSTEES FOR THE PORT OF KOLKATA – Respondent
1. Challenging the justifiability of one notice dated
17.09.2008 and a communication dated 16.02.2009, the present writ-petitions were preferred.
2. During the course of the hearing, the Officer-on-Special Duty and Estate, being the authorised signatory of respondent no. 1, filed a supplementary affidavit. In the said affidavit, it was noted that the present writ petition had been filed to challenge the eviction proceedings initiated by the learned Estate Officer under Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, against the petitioner company by the Port Trust. Paragraph 8 of the supplementary affidavit reads as follows:
“8. It is stated that, considering the documents on record and the written submissions filed on behalf of the respective parties, the learned Estate Officer, by way of its order dated 30th July, 2025 held that the ejectment notices issued by the Port Trust in respect of the subject plates of land cannot be said to have been validly issued and further observed that the occupation of Stone India Limited cannot be said to be unauthorized.”
3. Therefore, a bare perusal of the supplementary affidavit reveals that the writ petition has,
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