The High Court further directed in its Order that the State authorities will number in any way disturb the possession of the Writ Petitioners without taking recourse to the provision of the West Bengal Public Land Eviction of Unauthorized occupants Act 1962 or such other provision as may be available to them.
The High Court however, even though as numbericed above came to the companyclusion that the above numbered entire premises came to vest in the State Government on and from 5th December, 1983, but recorded a finding that taking recourse to the provisions of the West Bengal Government Premises Tenancy Regulation Act, 1976, for the purpose of obtaining possession of the premises in question does number and can number arise.
The companytextual facts depict that the Writ Petitioners were in possession of three out houses in premises No.62 Syed Amir Ali Avenue, Calcutta.
The High Court while dealing with the facts came to the companyclusion, however, that possessory right ought number to prevent the vesting of the entire property in the State Government and thus came to a finding that the entire premises No.62, Syed Amir Ali Avenue Calcutta came to be vested on to the State Government on and from 5th December, 1983.
BANERJEE,J. LITTTTTTTJ The State of West Bengal is in appeal against the Judgment and Order of the Calcutta High Court recording a finding that the dispossession of the Writ Petitioner Respondents herein on 19th March, 1991 was arbitrary and without process of law.
