Disposed¶14

Rehana Begum & Ors. v. Allahabad Bank & Ors.

Calcutta HC6 Feb 2024WPA/784/2020

Case brief

AI extract

What is this about?

Auction purchaser denied possession; writ against Allahabad Bank; police not a proper or necessary party but duty-bound to implement court orders; direction to hand over peaceful and vacant possession within three weeks; police assistance via server copy of order and counsel's written communication; police help costs already deposited deemed adequate; single-judge order by Sabyasachi Bhattacharyya, J., dated 06.02.2024.

What did the court decide?

Respondent-Bank directed to hand over peaceful and vacant possession of the property to the petitioners within three weeks from date; police authorities to render full assistance acting on a server copy of the order with written communication from counsel, the already-deposited police help costs being deemed adequate; no order as to costs. ¶14

Rehana Begum & Ors. Vs Allahabad Bank & Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent-Bank should be directed to hand over possession of the auction-purchased property to the petitioners, with police assistance if necessary. +1 more

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Court's answer

Substantial justice demands that the petitioners, successful auction purchasers, ought to be handed over possession by the Bank, if necessary by police help.

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Ratio / Principle

In view of the nature of the dispute involved in the writ petition, the Police is neither a proper nor a necessary party, even though the police authorities are not parties to the writ petition.

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Key takeaways

It is the incumbent duty of the police authorities to implement an order of a court.ratio¶12
WPA No. 784 of 2020 is disposed of by directing the respondent-Bank to hand over peaceful and vacant possession of the property purchased by the petitioners to the petitioners within three weeks from date.ratio¶14
Police authorities shall act on a server copy of the order, coupled with written communication by learned counsel for the parties, in order to render adequate police assistance to implement the order of court.

Detailed headnote1 paragraphs

Writ petition (WPA No. 784 of 2020) by successful auction purchasers (Rehana Begum and others) against Allahabad Bank for non-delivery of possession of the auctioned property. Held: the police authorities, though not parties, are neither a proper nor a necessary party to the writ petition, but it is their incumbent duty to implement an order of court; substantial justice demanded that the Bank hand over possession, with police help if necessary. Disposed of by directing the respondent-Bank to hand over peaceful and vacant possession within three weeks from date; police to act on a server copy of the order supported by written communication from counsel, the already-deposited police help costs being deemed adequate. No order as to costs.

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AD-03 Ct No.09 06.02.2024 TN

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WPA No. 784 of 2020

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Rehana Begum and others Vs. Allahabad Bank and others

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Mr. Akash Dutta, Mr. Zahid Abedin

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…. for the petitioners

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Mr. Om Narayan Rai, Ms. Deblina Lahiri, Mr. Mrinmoy Chatterjee, Mr. Piyas Choudhury

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…. for the respondent-Bank

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1. The limited context of the writ petition is that the petitioners, successful auction purchasers from the Bank, have not yet been handed over possession of the property.

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2. Learned counsel for the respondent-Bank submits that although the Bank has already deposited police help costs as asked for by the Superintendent of Police, no such assistance is being given to the respondent-Bank, for which the handing over could not take place as yet.

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3. It transpires that the police authorities are not parties to the writ petition. However, in view of the nature of the dispute involved in the writ petition, the Police, in any event, is neither a proper nor a necessary party. However, it is the

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incumbent duty of the police authorities to implement an order of a court.

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4. In the present case, substantial justice demands that the petitioners, successful auction purchasers, ought to be handed over possession by the Bank, if necessary by police help.

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5. Hence, WPA No. 784 of 2020 is disposed of by directing the respondent-Bank to hand over peaceful and vacant possession of the property purchased by the petitioners to the petitioners within three weeks from date.

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6. It is made clear that the police authorities shall act on a server copy of this order, coupled with written communication by learned counsel for the parties in order to render adequate police assistance to implement the order of court as directed above.

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7. For such purpose, since the Bank has already deposited the police help costs, such costs shall be considered to be adequate and the police authorities concerned shall immediately grant full assistance to the respondent-Bank to carry out the said handing over of possession.

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8. There will be no order as to costs.

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Urgent photostat certified copies of this order, if applied for, be made available to the

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parties upon compliance with the requisite formalities.

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(Sabyasachi Bhattacharyya, J.)

Rehana Begum & Ors. v. Allahabad Bank & Ors.

Case brief

What is this about?

What did the court decide?

Rehana Begum & Ors. v. Allahabad Bank & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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