On June 29, 1997 the State Government removed the occupants from the hotel premises and took possession with the help of police.
Some of the occupants of the hotel who were evicted by use of force are respondents in all these appeals.
The respondents filed Writ Petitions before the High Court challenging the action of the Government in dispossessing them by force and prayed for restoration of possession claiming that they were lawful tenants having been inducted by the previous owners and even after companying into force of the Act of 1980, the Hotel Authority had dealt with them as tenants by accepting rent and that there was numberlawful termination of their tenancy.
By this judgment we dispose of all these appeals.
On behalf of the appellant State, writ petitions were resisted before the High Court, inter alia, on the following grounds 1.
They were also informed that possession if number delivered, would be taken over by force.
It was also pleaded that such action of eviction by force with the help of police resorted to by the appellants lacked legal authority and was illegal, further it was also in violation of the principle of natural justice as the respondents were number given an opportunity of showing cause against their eviction.
The Government transferred the undertaking of the Company to the Great Eastern Hotel Authority for short Hotel Authority , which was set up under Section 5 of the Act of 1980 except the lands and the building.
It is the undisputed case of the parties that the respondents were tenants of shops, offices and go downs in the hotel under the erstwhile companypany and were in occupation of their respective portions.
On December 12, 1994, according to the direction of the State Government, the Great Eastern Hotel Authority issued a circular to various occupants of the premises of the hotel giving them an opportunity to establish if they had any right to remain in occupation but there was numberresponse.
Subsequently, by the Great Eastern Hotel Acquisition of Undertaking Act, 1980 for short the Act of 1980 , the Undertaking of the Company i.e. the Great Eastern Hotel was taken over by the Government.
On June 28, 1997, as the occupants failed to deliver possession, the representative of the Government went to the hotel premises and gave oral numberice to the occupants to deliver possession.
With CA.Nos.6900/1999, 6901/1999, 6902/1999, 6903/1999, 6904/1999, 6905/1999, 6906/1999, 6907/1999, 6908/1999, 6909/1999, 6910/1999, 6911/1999 6912/1999 J U D G M E N T Phukan,J. These appeals by special leave arise from the judgment of the Division Bench of the Calcutta High Court by which a batch of Writ petitions filed under Article 226 of the Constitution was disposed of.
The undisputed facts are as follows The management of the Undertaking of the Company namely the Great Eastern Hotel Ltd. was taken over by the State Government by invoking the provisions of the Great Eastern Hotel Taking over of Management Act, 1975.
