Calcutta High Court (Appellete Side)
Cossipore Kanch Sangh & Anr vs Union Of India & Ors on 24 December, 2021
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24.12.2021.
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IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A. No. 20621 of 2021
Cossipore Kanch Sangh & Anr.
-vs.-
Union of India & Ors.
Mr. M.M. Verma,
Mr. Abhishek Verma
...for the petitioners
Despite service, none appears on behalf of the
respondent-authorities.
An envelope, handed over by the petitioners, containing the endorsement 'Refused', be kept on record along with the affidavit-of-service.
Learned counsel appearing for the petitioners, in his usual fairness, submits that two previous writ petitions filed by the petitioner on similar previous causes of action had been dismissed for default by a coordinate Bench. However, it is contended that subsequent to the said dismissal for default, a new cause of action has arisen in the present writ petition inasmuch as a notice was issued to the petitioners on bypassing Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. On the basis of 2 such illegal notice, it is argued, the Estate Officer is proceeding with the hearing of the matter.
Since, in the present writ petition, the veracity of such notice itself has been challenged, along with the subsequent proceedings, learned counsel appearing for the petitioners prays that the notice may be set aside and quashed along with the proceedings and/or a stay may be granted therein till a fresh service is effected on the respondents.
A prima facie case has been made out by the petitioners sufficient to grant an ad interim order of stay.
Accordingly, all further proceedings in Proceeding No. 910, 910/R and 910/D of 2007 pending before the Estate Officer, Kolkata Port Trust, shall remain stayed till January 31, 2022 or until further order, whichever is earlier.
The petitioners shall serve a fresh notice on the respondents indicating the next returnable date and file a fresh affidavit of service to that effect on the next date of hearing.
The matter shall next be enlisted for hearing on January 11, 2022.
(Sabyasachi Bhattacharyya, J.)