Calcutta High CourtWPA/15938/2022disposed

M/S Steel Authority Of India Ltd And ORS v. State Of West Bengal And ORS.

2022-12-08Hon'Ble Justice Rajasekhar Mantha2 pages

08.12.2022 Court No.13 Item No.11 AP WPA 15938 of 2022 M/s Steel Authority of India Lilited and Ors. Vs.

The State of West Bengal & Ors.

Mr. Kallol Basu Mr. Nilanjan Pal ... For the Petitioners.

Mr. Susovan Sengupta Mr. Srikanta Paul ... For the State.

Mr. Subir Sanyal Mr. Ratul Biswas Mr. Kaushik Chowdhury ... For the Respondent No.6.

The writ petitioners are aggrieved by the fact that the order of eviction of the private respondents, who are shopowners next to a Gurudwara has not been removed by the Hirapur Police.

The Estate Officer, under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, has ordered demolition of the property in question. The petitioner had approached the Hirapur Police Station for assistance in demolition, which has not been given.

Learned counsel for the State has produced a report in the form of instructions issued by the Officer-inCharge, Hirapur Police Station, addressed to the learned Government Pleader and the same is taken on record. Learned counsel for the State submits that no fixed date has been communicated for the police to give assistance.

Mr. Subir Sanyal, learned counsel for the private respondent submits that his client has preferred an appeal against the order of the Estate Officer. Let a copy of the pleadings of appeal be handed over to the learned counsel for the petitioners.

It is ordered that the writ petitioners shall file every necessary pleading against the appeal by 4th January 2023. Rejoinder/reply, if any, shall be filed by the private respondent by 10th January 2023.

The appeal shall mandatorily and positively be disposed on the date fixed for hearing i.e. on 18th January 2023. No adjournment whatsoever shall be granted to any of the parties.

With the aforesaid directions, the writ petition is disposed of.

There shall 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.

(Rajasekhar Mantha, J.)