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Calcutta High CourtWPA/537/2025

Kalpana Saha v. The Chairman (Sub Divisional Magistrate) And ORS

2026-02-05Hon'Ble Justice Apurba Sinha Ray2 pages

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** WPA/537/2025 Kalpana Saha Vs The Chairman (Sub Divisional Magistrate) and Others Mr. Adarsh Ilango ... for the petitioner Ms. Babita Das ... for the respondent No.1 Mr. Rakesh Pal Gobind ... for the respondent Nos. 2 & 3 Mrs. Vinita Devi ... Special Officer February 05, 2026 [AKB] Item No.6 Mrs. Vinita Devi, learned Special Officer has submitted her report intimating that pursuant to the direction of this court in WPA/537/2025, the vacant possession of the relevant flat which was under occupation of the respondent Nos. 2 and 3 in the Survey No. 86/15/1 along with keys has been handed over to the writ petitioner Smt. Kalpana Saha. Let the report filed by learned Special Officer be kept on record.

Mrs. Vinita Devi has also informed this Court that the remuneration has been paid to her as per direction. Mr. Rakesh Pal Gobind, learned counsel for the private respondent has submitted that his client, being respondent no. 2, has paid the loan amount in connection with the building constructed by the petitioner and he has certain documents to that effect.

The learned Counsel for the writ petitioner has disputed such submission.

Mr. Rakesh Pal Gobind, learned counsel has submitted copy of statement of account in the name of Kalapana Saha, the writ petitioner, in support of his contention. It appears that the instant writ petition has become infructuous as the vacant possession of the relevant flat has already been handed over to the writ petitioner. The order passed by the learned Sub Divisional Magistrate, South Andaman District on 24.07.2025 in connection with F. No. 252/AC(R&DM) /SCWMT/R-Cell/2025/ 971 is hereby set aside. However, if the respondent no. 2 had paid the loan amount in connection with the relevant premises constructed by the writ petitioner, the respondent no. 2 can take necessary legal steps for realization of such amount in the Civil Forum. WPA 537 of 2025 is, thus, disposed of.

(Apurba Sinha Ray, J.)