Calcutta High Court
Ramesh Kumar & Co. Pvt. Ltd. & Anr vs The Board Of Trustees For The Port Of ... on 15 March, 2016
Author: Manjula Chellur
Bench: Manjula Chellur
IN THE HIGH COURT AT CALCUTTA
In Appeal from its
Constitutional Writ Jurisdiction
ORIGINAL SIDE
APOT No. 63 of 2016
GA No. 662 of 2016
WP No. 170 of 2016
RAMESH KUMAR & CO. PVT. LTD. & ANR.
Versus
THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.
APOT No. 66 of 2016
GA No. 667 of 2016
WP No. 169 of 2016
BALLARPUR INDUSTRIES LIMITED & ORS.
Versus
THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.
APOT No. 60 of 2016
GA No. 728 of 2016
WP No. 170 of 2016
THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.
Versus
RAMESH KUMAR & CO PVT LTD. & ANR.
APOT No. 61 of 2016
GA No. 730 of 2016
WP No. 169 of 2016
THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.
Versus
BALLARPUR INDUSTRIES LIMITED & ORS.
BEFORE:
The Hon'ble CHIEF JUSTICE MRS. MANJULA CHELLUR
The Hon'ble JUSTICE ARIJIT BANERJEE Date : 15th March, 2016.
2
: Mr. Abhrajit Mitra, Sr. Advocate Mr. Satadip Bhattacharya, Advocate ... For Ramesh Kumar & Co. Pvt. Ltd.
Mr. Kishore Dutta, Sr. Advocate Mr. Somenath Bose, Advocate ... For Kolkata Port Trust Mr. Aniruddha Chatterjee, Advocate Mr. Soumabho Ghosh, Advocate Mr. Ratu Das, Advocate and Mr. L.R. Mondal, Advocate ... For Ballarpur Industries Ltd.
The Court : In the instant case, the appellant in APOT No. 63 of 2016, according to the Port Trust, is unauthorised occupant and therefore they have no locus standi to file the writ petition. So far as the appellant in APOT No. 66 of 2016, he was the erstwhile tenant occupant so far as Port Trust is concerned against whom eviction notice way back in 2004 was issued.
Apparently, during the course of proceedings before the Estate Officer, who was dealing with the proceedings under The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, there is a reference with regard to occupation of premises by the appellant Ramesh Kumar & Company Pvt. Ltd. and whether this reference is on account of Port Trust raising a ground for eviction that premises was unauthorisedly sublet without their permission to Ramesh Kumar & Company Pvt. Ltd. or at the instance of Ballarpur Industries Ltd., who was the admitted occupant according to the Port Trust coming up with 3 a defence that he had inducted Ramesh Kumar & Company Pvt. Ltd. as sub- lessee.
Unless we see the eviction petition's averments and the defence taken by Ballarpur Industries Ltd. before the Estate Officer, we will not be able to appreciate the arguments advanced across the bar that Port Trust themselves took a point of unauthorised subletting of the premises but in the eviction petition never impleaded Ramesh Kumar & Company Pvt. Ltd. as a party to the proceedings.
In the light of above observation, we direct the parties to place on record the pleadings pertaining to the eviction proceedings filed before the Estate Officer concerned as additional documents along with the supplementary affidavit, if any.
List the matters on 22.3.2016.
(MANJULA CHELLUR, CJ.) (ARIJIT BANERJEE, J.) SN.
AR(CR)