M/S Andaman Paints Pvt. Ltd And ANR. v. Estate Officer And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CO/44/2023 M/s Andaman Paints Pvt. Ltd. and Anr. ... Petitioners Vs.

Estate Officer and Ors. ... Respondents Mr. Arul Prasanth ... for the Petitioners Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ...for the Respondents. October 13, 2023 [M.A. Mobin] Item No. 10 The instant Civil Revision has been preferred against the order dated 03.7.2023 passed by the learned District Judge in an appeal filed under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. It is the sole contention of the learned Advocate for the petitioners that he preferred the appeal before the learned District Judge against the order of Estate Officer for eviction. During the pendency of appeal one application under Section 151 of CPC was preferred by the appellant. The date i.e. 15.6.2023 was fixed for hearing of that application. The learned District Judge has heard the application from both sides and fixed the date for passing order on 3rd July, 2023.

On perusing the order dated 03.7.2023 it appears that the learned District Judge has dismissed the entire appeal on contest. Learned Advocate for the appellant

submits that he never argued before the learned District Judge regarding the merits of the appeal. So an opportunity be given to the appellant to argue his matter by setting aside the impugned judgement.

Learned Advocate appearing on behalf of the Administration submits that the impugned judgement has noted that the matter has been heard from both the sides on 15.6.2023 and thereupon the judgement was passed. Heard the learned Advocate. Perused the impugned order along with the order passed by the learned District Judge on 15.6.2023. It is true that the learned District Judge actually not heard the merits of the appeal from the appellant. Considering the same I observe that the appellant should have been given an opportunity of being heard regarding his merits of appeal.

Accordingly, the instant Civil Revision is disposed of with a direction that the learned District Judge shall hear out the appeal along with the application under Section 151 CPC filed by the appellant and shall pass a reasoned order after hearing both the parties.

Consequently the impugned judgement and order passed by the learned District Judge is set aside. I make it clear that I have not observed the merits of the instant appeal, the Ld. District Judge shall dispose of the appeal on the merits itself after awarding a reasonable opportunity of being heard to both the parties. Let the matter be disposed of within November, 2023.

Accordingly, the Civil Revision is disposed of. (Subhendu Samanta, J.)