SHYAM PRAKASH SINGH AND ORS v. PRADIP RANA AND ORS
CO/3581/2024 · 2025-01-17
Sabyasachi Bhattacharyya
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43709 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43709 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
D/L. 45. January 17, 2025. MNS.
C. O. No. 3581 of 2024
Shyam Prakash Singh and others Vs. Pradip Rana and others
Mr. M. S. Yadav, Ms. Satabdi Naskar
… for the petitioners.
1. In view of the innocuous nature of the order proposed to be passed, no prior service of notice on the opposite party is deemed necessary.
2. The present application under Article 227 of the Constitution of India arises out of an eviction suit filed by the plaintiffs/petitioners. In the said suit, the original defendant had filed an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 (in short “the 1997 Act”), which had been
disposed of. Subsequently, on the demise of the original defendant, his heirs and legal representatives were substituted as defendants in the suit. Such substituted defendants filed a fresh application under Section 7(2) of the 1997 Act, which has been
2 kept pending inordinately by the learned trial Judge.
3. Form the records, I find that initially by an
order dated July 24, 2023 passed in C.O. No. 654 of 2022, a co-ordinate Bench of this Court had directed the learned trial Judge to dispose of the pending application within a month from the next dated fixed and thereafter to make endeavour to proceed with the suit and dispose of the same within a period of six months after disposal of the application, without granting unnecessary adjournments to either of the parties.
4. Again, in view of the said order of the co- ordinate Bench having not been complied with, an order was passed on March 15, 2024 by the learned Single Judge in a different revisional application, bearing C.O. No. 4528 of 2023, whereby it was recorded that the court gave one last opportunity to the learned Civil Judge (Junior Division), Sixth Court at Alipur, to dispose of the application under Section 7(2) of the 1997 Act within a month from the next date fixed and thereafter to dispose of the suit, preferably within six months.
3
5. However, an utterly lackadaisical approach on the part of the learned trial Judge is apparent, since till date neither the application nor the suit has been disposed of.
6. C.O. No. 3581 of 2024 is, accordingly,
disposed of by directing the learned Civil Judge (Junior Division), Sixth Court at Alipur, District - South 24 Parganas to dispose of, peremptorily and mandatorily, the pending application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997, filed in connection with the Case No. RC 98 of 2003 pending before the said court, within one month from the date of communication of this
order to the said court by acting on the server copy of this order.
7. The suit itself shall be disposed of positively within six months thereafter.
8. A server copy of this order be communicated by the petitioners to the concerned court for early implementation of the same.
9. A further server copy of this order shall be served on the learned District Judge, South 24 Parganas, to ensure that the orders of this Court are complied with by the concerned
4 Judge, that is, the Sixth Court of Civil Judge (Junior Division) at Alipur.
10. Upon disposal of the said application, a report shall be sent by the said learned District Judge with the registry of this Court regarding such compliance, which shall be placed by the Registrar General before this Court for passing orders, if necessary.
11. A copy of this order be forwarded by the office to the learned Registrar General of this Court.
(Sabyasachi Bhattacharyya, J.)