Calcutta High CourtCRR/30/2025allowed

Smti.Muneera Begum v. Shri. Shakir Ahmed And ORS

2025-07-28Hon'Ble Justice Suvra Ghosh2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRR/30/2025 Smt Muneera Begum Vs.

Shri Shakir Ahmed and others Mr. Rakesh Kumar ... for the petitioner Mr. Adarsh Ilango ... for the respondent nos.1&2 Mr. Sumit Karmakar ... for the respondent no.3 July 28, 2025 [SR] Item No. 7 Heard learned counsels for the parties.

The petitioner is aggrieved by the order passed by the Sub Divisional Magistrate, South Andaman on 5th June, 2025 under section 152 of the BNSS, 2023 directing the petitioner to vacate the house belonging to the private respondent without causing any sort of damage to the adjacent properties within thirty days from the date of receipt of the order.

An application was filed the Sub Divisional Magistrate by the private respondent alleging nuisance caused in the property in question by the petitioner. In response thereto, the order impugned has been passed with a rider that if the petitioner failed to comply with the order, she would appear before the Court and show cause as to why the order would not be made absolute.

Section 152 of the BNSS, 2023 deals with the conditional order for removal of nuisance from any public place or any other place which may be lawfully used by the public. In the

case in hand, the nuisance alleged is in the house allegedly belonging to the private respondent.

Upon consideration of the submissions made on behalf of the parties as well as the order impugned, this Court is of the view that the order is de hors the provision laid down under section 152 of the BNSS. The Sub Divisional Magistrate had no authority to direct the petitioner to vacate the property in question in violation of section 152 of the BNSS. The Sub Divisional Magistrate having exceeded his authority in dealing with the application, the order impugned dated 5th June, 2025 is set aside.

The Sub Divisional Magistrate is directed to deal with the application filed by the private respondent in terms of section 152 of the BNSS upon granting reasonable opportunity of hearing to the parties as expeditiously as possible. The Revisional Application being CRR/30/2025 is accordingly allowed. There shall however be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be supplied to the parties, upon compliance of all necessary formalities.

( Suvra Ghosh, J.)