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Judgment
Biswajit Basu, J
The Estate Officer, Kolkata Port Trust passed the final order of eviction dated October 26, 2016 against the petitioner under Section 5(1) of the Public
Premises (Eviction of Unauthorized Occupants) Act, 1971.
The Estate Officer in the said final order assessed the total rental dues and charges for compensation for wrongful use and enjoyment of the suit
property till June 21, 2016 at Rs. 18,11,410.79/- (Rupees Eighteen Lakh Eleven Thousand Four Hundred Ten point Seven Nine) which includes the
interest for delayed payment of Rs.6,38,394.79 (Rupees Six Lakh Thirty Eight Thousand Three Hundred Ninety Four point Seven Nine).
The petitioner challenged the said final order of eviction on the ground that the petitioner was never in possession of the suit property, which was
under the possession of one Ram Manohar Singh the opposite party no. 2 herein as such the petitioner is not liable to pay the said rental dues and
damages.
The Appeal Court rejected the said claim of the petitioner and affirmed the order of eviction by dismissing the said appeal with the following
observation:-
“In the given facts and circumstances I find that the suit land in question is admittedly Kolkata Port Trust’s Property and the same has not
been denied by the appellant. Though the appellant tried to make out a case that M/s. Calcutta Gears is not in occupation of the property in question
but Ram Monohar Singh has filed specific written statement that he is the authorized representative of M/s. Calcutta Gears Pvt. Ltd. and doing
business over the property of M/d. Calcutta Gears. The Ld. Estate Officer at length considered the tender process and the signatures of the directors,
memorandum and article of association of M/s. Calcutta Gears Pvt. Ltd. and as a result the Ld. Estate officer rightly arrived at a conclusion that there
is a collusion between M/s. Calcutta Gears Pvt. Ltd. and Ram Monohar Singh as is appearing from the affidavit of the OP before the 1st Class
Executive Magistrate at Serampore dated 15.07.2015. The Ld. Estate Officer has rightly observed in the impugned order that no case has been made
out by the OP that they have initiated any criminal proceedings against Ram Monohar Singh for alleged unauthorized use of the name and address of
OP particularly when Ram Monohar Singh is claiming himself to be an agent of the OP and thereby Ld. Estate Officer rightly arrived at a conclusion
of unholy nexus between M/s. Calcutta Gears Pvt. Ltd. and Ram Monohar Singh to defraud report of authorities for its legitimate claim of
dues/charges for occupation of the public premises in questionâ€.
The appeal Court on assessment of the materials-on-record has arrived at the aforesaid finding. There is no scope for reassessment of the said
materials in exercise of the jurisdiction under Article 227 of the Constitution of India.
That apart it appears from the photocopy letter dated January 17, 2002 appearing at page ‘30’ of the revisional application that the petitioner has
authorized Ram Manohar Singh to collect and to sign the documents on behalf of the petitioner/company.
The nexus between the petitioner and the said Ram Manohar Singh, opposite party no.2 herein is apparent.
This Court, therefore, does not find any illegality and/or infirmity in the order impugned warranting interference.
C.O. 716 of 2020 is dismissed.
There shall be no order for costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.