Calcutta High CourtWPA/335/2022disposed

G.Suryanarayana Murthy v. The Deputy Commissioner And ORS.

2022-12-19Hon'Ble Justice Rajasekhar Mantha2 pages

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/335/2022 G. Suryanarayana Murthy ... Petitioner Vs.

The Deputy Commissioner and others ... Respondents Mr. K. Vijay Kumar ... for the petitioner Mr. V.D.Sivabalan Mr. M. Laxmanan ...for the Administration Mr. Vivek Xalxo ... for the private respondent [on behalf of Mr.KMB Jayapal] December 19, 2022 [SR] Item No.6 The petitioner seeks execution of the order passed by the Tehsildar, Ferrargunj dated 5th April, 2007. The private respondent has been illegally occupying the said property and the Tehsildar ordered his eviction.

A writ petition being WP/166/2007 was filed which was dismissed by an order dated 23rd July, 2007. The petitioner thereafter filed a civil suit being T.S.No.77 of 2007 before the Civil Judge Senior Division, at Port Blair, which was dismissed for default. In the meantime, in MAT/684/2012 against the order of the Single Bench dated 26th March, 2012, it was ordered that the execution of the order of the Tehsildar shall abide by the result of the application for restoration of the aforesaid T.S.No.77 of 2007.

The private respondent applied for restoration of the order of dismissal of the suit, which was also dismissed on 27th June, 2019. The petitioner applied for execution of the order of the Tehsildar is pending for consideration, hence this writ petition.

In those circumstances, the Tehsildar, Ferrargunj is directed 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. If necessary the Station House Officer, Ograbraj shall extend all cooperation to the Tehsildar, Ferrargunj for the purpose of execution of the order of eviction.

WPA/335/2022 stands disposed of without any order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )