Smt. Piyo Kujur And ORS. v. The Deputy Commissioner And ORS.

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Port Blair ...

MAT/6/2023 IA No.CAN/1/2023 Smt. Piyo Kujur and Ors.

Vs.

The Deputy Commissioner and Ors.

Mr. K.M.B. Jayapal ...for the Appellant Mr. V.D. Sivabalan ...for the Respondent nos.1 & 2 November 17, 2023 [SR] Item No.23 1.

The private respondent is not represented.

2.

The appeal is arising out of an order passed by the learned Single Judge on 19th December, 2022 directing the Tehsildar, Ferrargunj Tehsil to execute the order of eviction of the private respondent in accordance with law and dispose of the petitioner's RC Case No.452 of 2004 mandatorily and positively within a period of three months from date.

3.

In dismissing the writ petition, the learned Single Judge has taken note of the fact that the application for restoration of the order of dismissal of the suit was dismissed on 27th June, 2019.

4.

Mr. Jayapal, learned Advocate, has submitted that there is an error apparent on the face of the order as the application for restoration of the suit is still pending. 5.

Mr. Jayapal has taken us to the orders passed by the Coordinate Benches wherefrom it appears that the application for restoration of the suit is still pending before the learned Civil Judge, Senior Division, South Andaman, Port Blair. Mr. Jayapal has submitted that the order of the Tehsildar is a subject matter of challenge in the suit. 6.

It appears that the Coordinate Bench on 21st December, 2013 directed the Civil Judge (Senior Division), South Andaman, Port Blair to submit a report and granted an interim protection to the effect that 'till then, no coercive action be taken against the appellants'. The said interim protection has been extended from time to time. 7.

Since the basis of the impugned order appears to be on a mistaken belief that the application for restoration of the suit was dismissed, we allow the appeal and confirm the interim order passed on 21st February, 2013 till the application for restoration of the suit is disposed of by the learned Civil Judge (Senior Division), South Andaman, Port Blair.

8.

Mr. Jayapal has submitted that in terms of the order dated 27th July, 2023, the hearing of the Misc. Judl. Case No.16 of 2019 has been fixed on 22st November, 2023.

9.

We request the learned Civil Judge to dispose of the application for restoration of the suit on the date fixed, if possible.

10.

In any event the said application is required to be disposed of as expeditiously as possible preferably within a period of four weeks from date. The learned Single Bench is requested not to grant any adjournment to either of the parties unless there are unavoidable circumstances. 11.

Upon restoration of the suit in the event any application is filed by the writ petitioner/appellant for stay of execution of the eviction proceeding, we request the learned Civil Judge to consider the said application as expeditiously as possible and decide the matter upon notice to the respondent.

12.

We make it clear that in the event of restoration of suit, no application is filed for stay of the execution of the order passed by the Tehsildar, within a fortnight from the date the order passed by the learned Single Judge with regard to the execution of the order passed by the Tehsildar shall stand confirmed.

13.

The interim protection granted by us shall be coterminous with the order to be passed by the learned Civil Judge, Senior Division in the Misc. Case No.16/2009.

14.

Since the private respondent is not represented, a copy of the order shall be immediately communicated to Mr. K. Vijay Kumar, learned Advocate-on-Record, on behalf of the private respondent.

15.

This order shall also be communicated by the Registry to the Civil Judge, Senior Division, Port Blair for information and doing the needful.

16.

The appeal and the application stand disposed of on the aforesaid terms.

17.

The order impugned is set aside.

18.

Urgent photostate copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities.

(Soumen Sen, J.) (Siddhartha Roy Chowdhury, J.)