07.09.2026 Ct. No.655 Sl. No. 82 Subadip CO 4348 of 2025 Sumitra Mondal Vs. Gita Ghosh & Ors. Mr. Satyam Mukherjee, Ms. Debomita Biswas …for the petitioner Mr. Abhilash Chatterjee, Mr. Sayan Dutta. …for the opposite parties 1. The instant revisional application has been preferred by the petitioner challenging the impugned order dated 06.11.2025 passed by the learned Additional District Judge, Alipore, whereby the occupational charges in respect of the case property have been assessed at the rate of Rs.12,000/- per month. 2. It is the specific grievance of the petitioner that the aforesaid assessment is not commensurate with the prevailing market rate of rent/occupation charges in respect of similarly situated properties in the locality. According to the petitioner, while determining the occupational charges, the learned Court below has not given due and proper consideration to the materials and documents already placed on record, and consequently, the rate so assessed does not reflect the prevailing market conditions. 3. Having considered the submissions advanced on behalf of the petitioner and having regard to the nature 2 of the grievance raised in the revisional application, this Court is of the view that, instead of entering into the merits of the assessment at this stage, the ends of justice would be sufficiently served if the learned First Appellate Court is requested to consider the application of the petitioner on its own merits, upon taking into consideration all relevant materials and documents that may be placed before it by the respective parties. 4. It has also been submitted on behalf of the petitioner that the next date fixed for hearing of the appeal is in December, 2026. Having regard to the fact that the question relating to the assessment of occupational charges is pending consideration before the learned First Appellate Court, it would be appropriate that the said issue is considered and decided at the earliest, so that the parties are not subjected to further uncertainty or prejudice on account of the pendency of the said application. 5. Accordingly, without expressing any opinion on the merits of the rival claims with regard to the appropriate rate of occupational charges, the learned First Appellate Court is requested to dispose of the application filed by the petitioner on 24th April, 2024 in Title Appeal No. 48 of 2023, expeditiously, upon affording reasonable opportunity of hearing to all concerned and after taking into consideration the relevant documents and materials that may be placed before it by both the parties. 3 6. It is further requested that, preferably, the aforesaid application may be disposed of within a period of one month from the date of communication of this order, subject, however, to there being no legal impediment in doing so. 7. It is made clear that this Court has not expressed any opinion on the merits of the application dated 24th April, 2024 or on the correctness of the occupational charges assessed at the rate of Rs.12,000/- per month. The learned First Appellate Court shall consider the said application independently and in accordance with law, on the basis of the materials available before it and such further materials as may be duly produced by the parties. 8. With the aforesaid observation and direction, the instant revisional application, being C.O. 4348 of 2025, stands disposed of. 9. Let a copy of this order be sent to the learned Court below forthwith for information and necessary action. 10. Urgent Photostat certified copy of this order, if applied for, be given to the parties on payment of requisite fees. (Prasenjit Biswas, J.)