21.04.2025 (D/L 29)

Ct.-17 (Susanta Samar)

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 1135 of 2025 Ramakrishna Vivekananda Mission & Anr.

-Vs-

The Union of India & Ors. Mr. Kishore Datta, Sr. Adv., Mr. Siddhartha Banerjee, Mr. Vivekananda Bose, Mr. Jaydeb Ghorai, Mr. Ratikanta Pal, Mr. Diptesh Ghorai, …. For the Petitioners.

Mr. Sahasrangshu Bhattacharjee, Mr. Indrajeet Dasgupta, Mr. T. P. Acharya, …. For the Union of India.

Mr. Indrajeet Dasgupta, Mr. Gourab Maiti, Mr. Shirsendu Pal, …. For the Cantonment Board, Barrackpore.

A notice under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the “said act of 1971”) is under challenge, inter alia, on the grounds that the subject premises is not a “Public Premises” within the meaning of Section 2(e) thereof.

Mr. Kishore Datta, learned senior advocate for the petitioners submits that the subject property belongs to the petitioner no.1 and there is a chain of title deeds to prove such ownership. The eviction proceeding under the said Act of 1971 being summary in nature, and the Estate Officer since has a limited jurisdiction, the issue of title of