Saugata Bhattacharya And ORS v. Smt Aparna Samanto And ORS

SK Ct. No. 18 04.01.2021 C.O. No. 1586 of 2020 (Via Video Conference) Sri Saugata Bhattacharya & Ors.

Vs.

Smt. Aparna Samanto & Ors.

Mr. Sukanta Chakraborty, Mr. Anindya Halder ... For the petitioners. The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties, as such service of notice of the present application upon the opposite parties is dispensed with.

The petitioners are the plaintiffs of the Ejectment Suit No. 12 of 2019. In the said suit the defendants/opposite parties on May 27, 2019 filed an application under Section 7 (2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the 'said Act' in short). The petitioners complain that disposal of the said application is unnecessarily deferred thereby causing delay in disposal of the suit.

The mandate of the provision of Section 7 (2) of the said Act is that an application under the said provision is required to be disposed of as soon as possible and within a period not exceeding one year from the date of filing. The said mandate of the statute is required to be followed.

The learned trial Judge is therefore requested to make all endeavour to dispose of the said application within a period of four weeks from the date of communication of this order without granting any unnecessary adjournment to either of the parties.

It is made clear that the time limit framed by this order for the disposal of the said application is mandatory and peremptory.

The learned Trail Judge is further required to expedite the disposal of the suit after disposal of the said application under Section 7(2) of the Act.

C.O. 1586 of 2020 is thus disposed of.

No order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)