Smti. E. Shyamala v. The Tehsildar And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/150/2021 Smti. E. Shyamala Vs.

The Tehsildar and Others Mrs. Anjili Nag .... for the petitioner Mr. V.D.Sivabalan, Mr. Arun S. Kumar ... for the respondents February 22, 2024 [AKB] Item No.26 Heard learned Advocates appearing for the parties. Petitioner has filed this writ petition for the relief of direction upon the respondent/Tehsildar concerned to not to evict the petitioner during the pendency of Civil Suit being T.S. 29 of 2021 for declaration of her title.

In support of her contention she has relied on an unreported judgement of Division Bench of this Court dated 9th July, 2007 in MAT/1663/2007 (Bay Island Hotel Ltd. vs the Tehsildar and others).

Considering the facts and circumstances of the case and submissions of parties, this writ petition being WPA/150/2021 is disposed of by restraining the Tehsildar concerned from taking any steps for evicting the petitioner from land in question relating to which the aforesaid Title Suit is pending before the Civil Judge (Senior Division), Port Blair till the disposal of the suit. Learned Civil Court is requested to dispose the aforesaid suit expeditiously and preferably within six months from the date of communication of this order without granting any unnecessary adjournment to any of the parties. With the above direction and observation WPA/150/2021 is disposed of.

(Md. Nizamuddin, J.)