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1. This appeal carried by the writ petitioner/appellant takes exception
to the order dated 21st January, 2025 passed by the learned single Judge in
the writ petition being WPA 2957 of 2024.
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2. The said writ petition was preferred by appellant challenging inter
alia an order dated 4th December, 2024 passed by the respondent no. 5 in a
proceeding under the provisions of the Public Premises (Eviction of
Unauthorized Occupant Act, 1971)(hereinafter referred to as the 1971 Act)
directing eviction of the appellant, granting 15 days’ time to vacate the
premises with a further direction upon the authorities of Syma Prasad
Mookerjee Port, Kolkata (hereinafter referred to as the Port) to submit a
statement comprising details of its calculation of damages. By the order
impugned in the present appeal the learned single Judge refused to exercise
discretion in favour of appellant and dismissed the writ petition with liberty
to the appellant to prefer a statutory appeal against the order passed by the
respondent no.5. In the said order it was further observed that ‘the Appellate
Authority, in the event such appeal is preferred within twelve days from this
date, would be expected to admit the appeal by considering the question of
delay leniently in view of the fact that the petitioner had approached the Court
seeking relief and thereafter, decide the matter in accordance with law’.
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