Bidyut Baran Manna v. The State Of West Bengal And ANR

Item No.270 11.12.2023 Court. No. 19 GB C.O. 3704 of 2023 Bidyut Baran Manna Vs.

State of West Bengal & Anr.

Ms. Malyasree Maity ... for the Petitioner.

By this application, the petitioner seeks expeditious disposal of the L.A. Misc. Execution Case No.3 of 2004 arising out of L.A. Misc. Case No.65 of 1994, which is pending before the learned District Judge, Purba Medinipur.

Considering the submissions, the Court is of the view that the prayer of the petitioners is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties and hence, there is no requirement for service of prior notice upon the opposite parties.

The revisional application is disposed of with a direction upon the learned court below to dispose of the misc. execution case within a period of four months from the next date fixed. Adequate opportunity shall be given to the parties to contest the same.

This court has not expressed any opinion on the merits of the case. The learned court shall proceed independently and in accordance with law.

A copy of the revisional application, along with a server copy of this order be served upon the opposite parties and/or the learned advocate contesting the matter on behalf of the opposite parties in the learned court below.

The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)