Sanjeet Kumar Mondal v. The Deputy Commissioner And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/35/2023 Sanjeet Kumar Mondal Vs.

The Deputy Commissioner and others Mr. Arul Prasanth ... for the appellant Mr. V.D.Sivabalan ... for the respondent nos.1&2 September 26, 2024 [SR] Item no.7 Despite service, the private respondent remains unrepresented.

The grievance of the appellant is directed against inaction on the respondent authorities in disposing of the representations dated 25 July 2022 and 26 September 2022 respectively filed by the appellant before the respondent no.2 It is submitted on behalf of the appellant that there is a civil suit pending by and between the appellant and the private respondent being Title Suit No.56 of 2022 pertaining to immovable property falling within the Survey No.4/5/22 wherein an interim order of status quo has been passed. In view of the protective order of the status quo, the private respondent has been illegally and unlawfully running a chicken centre in the name and style of M/s Anshu Chicken Centre within the suit premises. It is further submitted on behalf of the appellant that the private respondent is carrying on a commercial business in a residential premises and this is impermissible and contrary to law.

On behalf of the respondent authorities, it is submitted that on the ground of status quo order passed in T.S.No.56 of 2022, the respondent authority can take no action in the matter. Be that as it may, in view of the fact that the representations filed by the appellant have not yet been disposed of, MAT/35/2023 stands disposed of by directing the Commissioner to consider and dispose of the above representations filed by the appellant within a period of eight weeks from date of communication of this order. It is made clear that there has been no expression on the merits of the case and the respondent no.2 is directed to act strictly in accordance with the law after giving due notice to the petitioner as well as the private respondent.

In view of the above, the impugned order dated 27 June 2023 is set aside. With the above directions MAT/35/2023 stands disposed of.

( Ravi Krishan Kapur, J. ) ( Prasenjit Biswas, J. )