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State of West Bengal - Section

Section 9 in The Murshidabad Estate (Management Of Properties) And Miscellaneous Provisions Act, 1980

9. Eviction of unauthorised occupants.-

(1)If, after considering the cause, if any, shown by any person in pursuance of a notice under section 8 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the Estate Manager is satisfied that the premises or other immovable properties are in unauthorised occupation, the Estate Manager may, on a date to be fixed for the purpose, make an order of eviction, for reasons to be recorded therein, directing that the premises or other immovable properties shall be vacated, and the possession thereof shall be delivered to the Estate Manager or any other officer duly authorised by the Estate Manager in this behalf, by all persons who may be in occupation thereof or any part thereof, within such period as may be specified in the order, and furnish a copy of the order, if applied for, to all such persons, free of cost, and also cause a copy of the order to be affixed on the outer door or some other conspicuous part of the premises or immovable properties.]
(2)If any person refuses or fails to comply with the order of eviction made under sub-section (1) within the period specified in the order or within fifteen days of its publication under sub-section (1), whichever is later, the Estate Manager or any other officer duly authorised by the Estate Manager in this behalf may evict that person from, and take possession of, the premises or other immovable properties and may, for that purpose, use such force as may be necessary.
(3)The cost of taking possession of the premises of other immovable properties under sub-section (2) shall be payable by the person from whom possession of the premises or other immovable properties has been taken within such period as the Estate Manager may by order direct.