M/S. Bireswar Dutt Estates Private Limited And ANR. v. The Registrar, Presidency Small Causes Court, Calcutta And ORS.

O-10

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/1136/2023 M/S. BIRESWAR DUTT ESTATES PRIVATE LIMITED AND ANR.

VERSUS

THE REGISTRAR, PRESIDENCY SMALL CAUSES COURT, CALCUTTA AND ORS.

BEFORE :

THE HON'BLE JUSTICE SABYASACHI BHATTACHARYYA Date : 5th June, 2023.

Appearance:

Ms. Sreyanshi Majumdar, Adv.

...for the petitioners.

The Court : Learned Counsel for the petitioners contends that initially, in connection with a suit, the petitioners had made an application for disbursal of due rent to the petitioners. However, the same stood rejected on the technical ground that the suit stood abated. Subsequently, the petitioners had written a fresh representation to the respondent authorities on January 24, 2023, annexed at page 26 of the writ petition, whereby the said claim of the petitioners was reiterated. However, the respondent authorities have not yet dealt with the same and/or communicated any response to the petitioners. Despite service, none appears for the respondents. In view of the innocuous nature of the prayer sought, further service of notice is not being directed.

WPO/1136/2023 is disposed of by directing the respondent authorities to consider and decide the petitioner's representation dated January 24, 2023, annexed at page 26 of the writ petition, in accordance with law and disburse the appropriate amount in favour of the petitioners immediately thereafter,

preferably within a fortnight from the date of such decision being taken. The said exercise shall be completed latest within one month from the date of communication of the server copy of this order to the respondent authorities by the petitioners.

No order as to costs.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (SABYASACHI BHATTACHARYYA, J.) s.pal