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This revisional application has been filed against an order dated 22nd July, 2020 passed by the Estate Officer, Kolkata Port Trust in Proceedings No.1743/D of 2019 (Board of Trustees of the Post of Kolkata Vs. Bengal Tools Limited).
The grievance on behalf of the petitioner is that the order was passed ex parte and no opportunity of hearing was given to him.
Learned counsel for the petitioner further submits that the question of limitation has been wrongly decided by the Estate Officer.
Learned counsel for the respondent no.1 submits that there is an alternative remedy against the final order dated 22nd July, 2020 which has been passed by the Estate Officer. He relies on Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. It is further submitted by him that a sum of approximately Rs.20,00000/- has been directed to be deposited by the petitioner.
In view of the fact that there is an alternative remedy, this Court is of the view that the instant revisional application is not maintainable and the petitioner has an adequate alternative remedy to pursue.
C.O. 1157 of 2020 along with CAN 4678 of 2020 stands dismissed further the petitioner is directed to pay a sum of Rs.5,000/- as costs to the Board of Trustees of the Port of Kolkata within a period of four weeks from date.