Calcutta High Court (Appellete Side)
Mahendra Pratap Singh & Ors vs The Union Of India & Ors on 4 January, 2021
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
January 4, 2021
ARDR
(6)
WPA 10419 of 2020
Mahendra Pratap Singh & ors.
Vs.
The Union of India & Ors.
Mr. Arik Banerjee,
Mr. Joyjit Dutta,
...for the petitioners.
Mr. Y.J. Dastoor, Ld. ASG.,
Mr. Siddhartha Lahiri,
...for the respondents.
The grievance of the petitioners is directed against a show cause notice dated 22 nd February, 2019 and a subsequent letter dated 10th November, 2020.
The petitioners assail a proceeding initiated by the Estate Officer, Sukna Military Station exercising jurisdiction under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
Mr. Dastoor, learned Additional Solicitor General along with Mr. Lahiri appear for the Union of India.
It is submitted on behalf of the respondents that the petitioners have filed an earlier writ petition being WPC 5077 of 2020.
It is further submitted on behalf of the respondents that by an order dated 14th October, 2020, a learned Single Judge of this Court has refused to pass any interim order in favour of the writ petitioners.
2It is also submitted on behalf of the respondents that being aggrieved with the order dated 14 th October, 2020, the petitioners filed an appeal being MAT 707 of 2020 CAN 1 of 2020.
It is also submitted on behalf of the respondents that the petitioners are participating in the proceedings before the Estate Officer.
I have heard the parties and also perused the writ petition.
At paragraph 42 of the instant writ petition it has been averred by the petitioners that there is an earlier proceeding challenging the very same show cause notice dated 22nd February, 2019. The petitioners have been unable to withdraw the earlier writ petition. They undertake to take steps to withdraw the earlier writ petition.
In the light of the pendency of the earlier writ petition, I am not inclined to pass any order at this stage.
The petitioners are granted a week's time to withdraw the earlier writ petition.
Let this matter appear on 12th January, 2021 as "To Be Mentioned".
I make it clear that pendency of this writ petition will not create any equity in favour of the petitioners and the Estate Officer is directed to expeditiously proceed with the proceedings initiated under the 3 Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and not delay the same on the ground of pendency of this proceeding.
(Ravi Krishan Kapur, J.)