M/L- 49 17/08/2026 Ct. No.- 6 Aritra C.O. 2440 of 2026 Board of Trustees of Syama Prasad Mookherjee Port, Kolkata Vs. M/s. Metal Box India Limited Mr. Kishore Datta, Sr. Adv., Mr. Snehashis Sen ….for the petitioner The order dated January 29, 2025 and the subsequent orders passed in P.P. Appeal No.5 of 2025 by the learned District Judge, Alipore is under challenge in this application under Article 227 of the Constitution of India. Mr. Datta, learned senior advocate placed reliance upon Section 9(3) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 in support of his contention that an unconditional order of stay could not have been passed by the learned judge of the Appellate court. He submits that the unconditional order of stay passed on January 29, 2025 has been extended from time to time. He submits that in spite of the fact that the written objection to the stay application has been filed by the petitioner, the learned judge has not disposed of the stay application as well as the vacating application filed by the petitioner till date. From the order sheets appended to this application this Court finds that dates were fixed for hearing of the stay application and the stay application is still pending. From the order dated June 5, 2026, it appears that June 2 22, 2026 was fixed for hearing of the appeal along with the applications filed by the petitioner on August 7, 2025 and April 23, 2026. Keeping in mind the period fixed for disposal of the appeal under the 1971 Act, this Court is inclined to passed certain directions upon the learned judge of the Appellate Court. In view of the order sought and proposed to be passed there is no necessity to direct issuance of any notice upon the opposite party. CO 2440 of 2026 stands disposed of by requesting the learned District Judge at Alipore, District-South 24- Parganas to take up the hearing of the stay application and the application for vacating the interim order on the next date fixed i.e. on September 1, 2026 and to dispose of the said applications as expeditiously as possible but preferably within a period of one month from the next date fixed without granting any unnecessary adjournments to either of the parties. After disposal of the said applications and any other interlocutory applications that may be pending, the learned District Judge shall make an endeavour to dispose of the P.P. Appeal No.5 of 2025 as expeditiously as possible keeping in mind the time limit fixed under 1971 Act to dispose of the said appeal. It will be open to the petitioner to raise all points at the time of hearing of the stay application and the vacating application and the learned District Judge shall consider 3 the such points while disposing of the said applications in accordance with law. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)