Gopal Ram v. Bibek Sharma and Ors.

Calcutta HC2 Aug 2025CO/1163/2025

Case brief

AI extract

What is this about?

Article 227 petition for expeditious disposal; Title Suit No.322 of 2022, Civil Judge (Jr. Div.) 1st Court, Barrackpore; pending applications under Sections 7(1) and 7(2), West Bengal Premises Tenancy Act, 1997; time-bound direction to decide within 6 months of next date fixed; no unnecessary adjournments; no notice issued to opposite parties; no order as to costs; single-judge order dated 02/08/2025.

What did the court decide?

Request to the learned Civil Judge (Jr. Div.), 1st Court at Barrackpore to take up hearing of the applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 on the next date fixed, if otherwise ready, and dispose of them expeditiously, preferably within 6 months from the next date fixed, without unnecessary adjournments; no order as to costs. ¶¶11

Gopal Ram Vs Bibek Sharma and Ors. — Writ and Judicial Review | Calcutta HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court should direct the learned Civil Judge (Jr. Div.), 1st Court at Barrackpore to dispose of Title Suit No.322 of 2022, including the pending applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997, expeditiously.

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Court's answer

CO 1163 of 2025 stands disposed of by requesting the learned Civil Judge (Jr. Div.), 1st Court at Barrackpore to take up hearing of the applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 on the next date fixed, if otherwise ready for hearing, and to make an endeavour to dispose of them as expeditiously as possible, preferably within a period of 6 months from the next date fixed, without granting unnecessary adjournments to either party.

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Detailed headnote1 paragraphs

Application under Article 227 of the Constitution by the plaintiff No.2 in Title Suit No.322 of 2022 before the learned Civil Judge (Jr. Div.), 1st Court at Barrackpore, praying for expeditious disposal of the suit. From the order sheets it appeared that applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 were pending and ready for hearing, the next date being fixed in August 2025. Holding that no notice on the opposite parties was necessary, the Court disposed of C.O. 1163 of 2025 by requesting the trial court to take up hearing of the tenancy applications on the next date fixed, if otherwise ready, and to endeavour to dispose of them as expeditiously as possible, preferably within six months therefrom, without granting unnecessary adjournments to either party. No order as to costs.

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D/L- 5 02/08/2025 Ct. No.-6 Aritra

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C.O. 1163 of 2025

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Gopal Ram Vs. Bibek Sharma & Ors.

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Mr. Shibaji Kumar Das Mr. Dipendu Sarkar …for the petitioner

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This application under Article 227 of the Constitution of India is at the instance of the plaintiff No.2 praying for a direction upon the learned Civil Judge (Jr. Div.), 1^st Court at Barrackpore to dispose of Title Suit No.322 of 2022 expeditiously.

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In view of the order sought and proposed to be passed there is no necessity to direct issuance of any notice upon the opposite parties. However, the learned advocate for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite parties or the learned advocates representing the opposite parties before the learned trial judge.

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From the order sheets appended to this application, this Court finds that the application under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 are pending.

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The learned advocate appearing for the petitioner submits that the aforesaid applications are otherwise ready for hearing and the next date of hearing of such

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applications has been fixed sometimes in the month of August, 2025.

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In the light of the submission made by the learned advocate for the petitioner, CO 1163 of 2025 stands disposed of by requesting the learned Civil Judge (Jr. Div.), 1^st Court at Barrackpore to take up hearing of the application under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997, on the next date fixed, if the same are otherwise ready for hearing, and to make an endeavour to dispose of the same as expeditiously as possible but preferably within a period of 6 months from the next date fixed without granting any unnecessary adjournments to either of the parties.

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There will be no order as to costs.

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

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(Hiranmay Bhattacharyya, J.)

Gopal Ram v. Bibek Sharma and Ors.

Case brief

What is this about?

What did the court decide?

Gopal Ram v. Bibek Sharma and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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