Lilabati Devi Garodia and Ors. Vs State of West… — Writ and Judicial Review | Calcutta HC (2025)

Lilabati Devi Garodia and Ors. Vs State of West… — Writ and Judicial Review | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Direction issued to the learned Civil Judge (Senior Division), Jalpaiguri to take all possible necessary steps to secure the case record and dispose of Misc. Case No.76 of 2018 within four weeks positively; the petitioner's counsel was granted liberty to communicate the order to the learned Trial Judge for information and strict compliance after preponing the next date fixed.

Issue for consideration

Whether the learned Trial Judge (Civil Judge, Senior Division, Jalpaiguri) should be directed to dispose of Misc. Case No.76 of 2018, pending since 2018, as expeditiously as possible.

Court's answer

The Court found, from the certified copies of the orders, that Misc. Case No.76 of 2018 has been pending since 2018 and that the direction of this Court regarding production of the record of Misc. Case No.96 of 2008 has not been complied with in spite of several orders.

Ratio / Principle

The learned Trial Judge, i.e. the Learned Civil Judge (Senior Division), Jalpaiguri, was requested to take all possible necessary steps to take hold of the case record and ultimately dispose of Misc. Case No.76 of 2018 within four weeks from date positively.

Key takeaways

Service of notice upon the opposite parties was dispensed with, as they would not be prejudiced in any manner whatsoever by an order of expeditious disposal.ratio¶¶14

Detailed headnote1 paragraphs

High Court at Calcutta (Circuit Bench at Jalpaiguri), C.O. 21 of 2025 (01.04.2025, Bibhas Ranjan De, J.): Revisional application under Article 227 of the Constitution sought expeditious disposal of Misc. Case No.76 of 2018 pending before the learned Civil Judge (Senior Division), Jalpaiguri since 2018. Certified copies showed repeated orders since 7th December, 2018 till 14th November, 2024 (next date fixed 9th April, 2025) directing the Dealing Assistant to produce the record of Misc. Case No.96 of 2008, none complied with. Finding the opposite parties would suffer no prejudice, service of notice was dispensed with; the learned Trial Judge was requested to take all possible necessary steps to take hold of the case record and dispose of Misc. Case No.76 of 2018 within four weeks positively. C.O. 21 of 2025 was disposed of, with liberty to the petitioner's counsel to communicate the order to the Trial Judge for strict compliance after preponing the next date.

01.04.2025 Sl. No.65 Ct. No.3 K.S.

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI

C.O. 21 of 2025

Smt. Lilabati Devi Garodia & Ors. -Versus-

State of West Bengal & Ors.

Mr. Sandip Mondal Mr. Amit Saha

…..For the Petitioners

This instant revisional application has been filed invoking the jurisdiction of this Court under Article 227 of the Constitution of India seeking direction upon the learned Trial Judge to dispose of the Misc. Case No.76 of 2018 as expeditiously as possible.

Learned counsel appearing on behalf of the petitioner has referred the certified copy of the orders passed by the learned Civil Judge, Senior Division, Jalpaiguri.

Learned counsel for the petitioner has referred to the series of orders passed since 7^th December, 2018 passed in connection with the Misc. Case No.76 of 2018 directing the Dealing Assisttant to produce the record in connection with Misc. Case No.96 of 2008.

It is further submitted that several orders were passed by the learned Trial Judge till 14^th November, 2024 fixing another date i.e. 9^th April, 2025 thereby directing the Dealing Assistant to produce the case record of Misc. Case No.96 of 2008.

2

Considering the nature of prayer made in the order, I find hardly any necessity to ask the petitioner to serve notice upon the opposite party, who will not be prejudiced by the order of expeditious disposal, in any manner whatsoever.

Accordingly, the service of notice upon the opposite parties stands dispensed with.

From the certified copy of the orders referred to in the civil order, I find that the matter is pending since 2018 and direction of this Court has not been complied with in spite of several orders with regard to production of record in connection with Misc. Case No.96 of 2008.

Considering this trying situation, learned Trial Judge i.e. Learned Civil Judge (Senior Division), Jalpaiguri is requested to take all possible necessary steps to take hold of the case record and ultimately dispose of the Misc. Case No.76 of 2018 within four weeks from date positively.

Accordingly, C.O. 21 of 2025 stands disposed of.

Learned counsel appearing on behalf of the petitioner is at liberty to communicate this order to the learned Trial Judge for information and strict compliance of this order after preponing the next date fixed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Bibhas Ranjan De, J.)