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2026 DAILYLAW 33599 (CAL)

RAJ KUMAR SINGH v. THE BOARD OF TRUSTEES OF THE PORT OF KOLKATA

CO/2560/2026 · 2026-08-13

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 6 (265719) 13.08.2026 (AD 12) (S. Banerjee) CO 2560 of 2026 Raj Kumar Singh Vs. The Board of Trustees of the Port of Kolkata Mr. Nilanjan Bhattacharjee, Sr. Advocate Mr. Arpan Guha Mr. Saikat Dey …for the petitioner Mr. Subhankar Nag Ms. Antalina Guha …for the opposite-party This application under Article 227 of the Constitution of India is at the instance of an unauthorized occupant challenging the order dated April 7, 2026 passed by the learned Additional District Judge, 4th Court at Howrah in Misc. Appeal No. 200 of 2025. By the order dated April 7, 2026, the hearing of the appeal was fixed. Mr. Bhattacharjee, learned Senior Advocate, appearing for the petitioner submits that the learned Judge of the appellate court without disposing of the application for stay has fixed a date for hearing of the appeal. Mr. Nag, learned advocate appearing for the opposite party submits that the learned Judge of the appellate court passed an order on November 12, 2025 directing the petitioner to deposit a cash 2 security of Rs. 1 lac and the proceeding before the Estate Officer was stayed for a month. He further submits that a direction upon the learned appellate court to dispose of the said application would further delay the disposal of the misc. appeal. Mr. Nag further submitted that possession of the property in question has already been taken over on July 1, 2026. It will be open to the respective parties to take appropriate steps in this regard before the learned trial Judge. This Court is of the considered view that the stay application ought to have been disposed of prior to fixing a date for hearing of the appeal. In view thereof, this civil revisional application stands disposed of by requesting the learned Additional District Judge, 4th Court at Howrah to take up the hearing of the said application on the next date and to dispose of the same as expeditiously as possible without granting any unnecessary adjournment to either of the parties. In the event written objection to the said application has not been filed by the opposite- party/plaintiff, the same shall be filed before the appellate court within a week from date. 3 After disposal of the stay application the learned Additional District Judge, 4th Court at Howrah shall make an endeavour to dispose of the Misc. Appeal as expeditiously as possible keeping in mind the time limit fixed in the statute for disposal of such appeal. (Hiranmay Bhattacharyya, J.)