Calcutta High Court
Dipendra Nath Basu & Ors vs The Board Of Wakfs & Ors on 21 March, 2018
Author: Arijit Banerjee
Bench: Jyotirmay Bhattacharya, Arijit Banerjee
ORDER SHEET
G.A.NO.643 OF 2018
APO NO.68 OF 2018
WP NO.1227 OF 2009
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
DIPENDRA NATH BASU & ORS.
Versus
THE BOARD OF WAKFS & ORS.
BEFORE:
The Hon'ble ACTING CHIEF JUSTICE JYOTIRMAY BHATTACHARYA
The Hon'ble JUSTICE ARIJIT BANERJEE Date : 21st March, 2018.
Appears in Persons:
Sri Sujoy Bose.......for Indian Publicity Bureau Pvt.Ltd. Sri Avandarup Paul.....for M/s. TCP Advertising Pvt.Ltd.
Sri D.N.Basu.........for M/s.R.P.Basu & Co.
The Court : Affidavit of Service filed in Court today be kept on record.2
While dismissing the writ petition in which a notice of termination of tenancy issued under Section 3 of the West Bengal Government Premises (Tenancy Regulation) Act, 1976 was under challenge, the learned Judge directed the writ petitioners to pay the arrear rent/occupation charges to the Auqaf Board as per the chart submitted to the Court by the Auqaf Board. The writ petitioners have come up in appeal.
Sri Sujoy Bose, Sri Anandarup Paul and Sri D.N.Basu are appearing in person. The writ petitioners/appellants submit that they are agreeable to pay the rent as determined by the Auqaf Board but they seek some time. In our view, it will be proper that the writ petitioners/appellants deposit with the Auqaf Board 50% of the rent outstanding as per rent demanded by the Auqaf Board appearing at Pages-152 & 153 of the stay petition within two weeks from date without prejudice to the rights and contentions of the parties in the present proceedings. This is only an interim measure and as regards the balance outstanding rent, appropriate order shall be passed after hearing both the parties.
The appellants draw our attention to a notice dated 9th March, 2018 issued by the Board of Auqaf of West Bengal calling upon the appellants to restore vacant possession of the premises in question to the Board of Auqaf failing which forcible possession of the premises would be taken.
There will be an interim order of unconditional stay of operation of the said notice for a period of two weeks from date. In the event, the appellants deposit 50% of the outstanding rent as demanded by the Board of Auqaf in terms of this order, the interim order of stay shall continue for a further period of two weeks. 3
In default of deposit of the said 50% of the outstanding rent within 2 weeks from date, this order shall stand vacated and the Board of Auqaf shall be at liberty take appropriate steps in accordance with law.
List the matter under the same heading on 9th April, 2018. All parties concerned including the Board of Auqaf shall act on the basis of communication with server copy without insisting upon the certified copy of this order.
(JYOTIRMAY BHATTACHARYA, ACJ.) (ARIJIT BANERJEE, J.) ssaha AR(CR)