Smti. Rabiya Bibi v. The Sub-Divisional Magitrate And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/287/2024 Smti. Rabiya Bibi ...Petitioner Vs.

The Sub-Divisional Magistrate and Ors.

... Respondents Mr. Pardeshia Munda ...for the Petitioner Mr. V.D. Sivabalan Mr. Arun S. Kumar ...for the Respondent nos.1-3 Mr.Shatadru Chakraborty Mr. Dibesh Dwivedi ...for the Respondent no.4 June 20, 2024 (M.A.Mobin) Item No.8 The petitioner herein contended that in a proceeding initiated under the Senior Citizen Welfare & Maintenance Act, being F.No.2-9/AC(R&DM)/SCWMT/DM/RCELL/2023/300 the concerned authority had ordered that the respondent viz. Shri Rehan Ali must vacate the property-in-question standing upon the land bearing Survey No. 2034/1 having an area of 29.50 sq. mts. situated at Aberdeen village within 15 days from the date of the order, failing which the Tehsildar, Port Blair Tehsil, shall execute the order with the assistance of SHO, Pahargaon Police Station, Port Blair.

The grievance ventilated in the present application is that in spite of that order the respondent no.5 had not vacated the land nor the Administration has taken any step to carry out the said order passed on 24th January, 2024. The respondent nos.1-4 are represented. Having considered the facts and circumstances of the case, the present application being WPA 287 of 2024 is hereby disposed of giving opportunity to the petitioner to make a prayer before the Tribunal constituted under the aforesaid Act of 2007 for execution of the order dated 24th January, 2024 and in the event of filing such application by the petitioner the concerned Tribunal shall execute its own order in accordance with law in terms of the aforesaid order within a period of eight weeks from the date of filing the application.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

[Ajoy Kumar Mukherjee, J.]