Lilabati Devi Garodia And ORS v. State Of West Bengal And ORS

01.04.2025 Sl. No.65 Ct. No.3 K.S.

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI C.O. 21 of 2025 Smt. Lilabati Devi Garodia & Ors.

-Versus- State of West Bengal & Ors.

Mr. Sandip Mondal Mr. Amit Saha .....For the Petitioners This instant revisional application has been filed invoking the jurisdiction of this Court under Article 227 of the Constitution of India seeking direction upon the learned Trial Judge to dispose of the Misc. Case No.76 of 2018 as expeditiously as possible.

Learned counsel appearing on behalf of the petitioner has referred the certified copy of the orders passed by the learned Civil Judge, Senior Division, Jalpaiguri. Learned counsel for the petitioner has referred to the series of orders passed since 7th December, 2018 passed in connection with the Misc. Case No.76 of 2018 directing the Dealing Assisttant to produce the record in connection with Misc. Case No.96 of 2008.

It is further submitted that several orders were passed by the learned Trial Judge till 14th November, 2024 fixing another date i.e. 9th April, 2025 thereby directing the Dealing Assistant to produce the case record of Misc. Case No.96 of 2008.

Considering the nature of prayer made in the order, I find hardly any necessity to ask the petitioner to serve notice upon the opposite party, who will not be prejudiced by the order of expeditious disposal, in any manner whatsoever. Accordingly, the service of notice upon the opposite parties stands dispensed with.

From the certified copy of the orders referred to in the civil order, I find that the matter is pending since 2018 and direction of this Court has not been complied with in spite of several orders with regard to production of record in connection with Misc. Case No.96 of 2008.

Considering this trying situation, learned Trial Judge i.e. Learned Civil Judge (Senior Division), Jalpaiguri is requested to take all possible necessary steps to take hold of the case record and ultimately dispose of the Misc. Case No.76 of 2018 within four weeks from date positively. Accordingly, C.O. 21 of 2025 stands disposed of. Learned counsel appearing on behalf of the petitioner is at liberty to communicate this order to the learned Trial Judge for information and strict compliance of this order after preponing the next date fixed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Bibhas Ranjan De, J.)