Anup Kumar Das Vs Basudeb Kundu and Anr. — Writ and Judicial Review | Calcutta HC (2026)

Anup Kumar Das Vs Basudeb Kundu and Anr. — Writ and Judicial Review | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Request issued to the learned Additional District and Sessions Judge, Fast Track Court, Serampore to dispose of the pending applications for stay and for payment of occupation charges as expeditiously as possible and, thereafter, to endeavour to dispose of Title Appeal No. 69 of 2025 expeditiously without unnecessary adjournments; urgent certified photocopy to be supplied on compliance with usual legal formalities.

Issue for consideration

Whether a direction should issue to the learned Additional District and Sessions Judge, Fast Track Court, Serampore to dispose of the pending applications for stay and payment of occupation charges and thereafter Title Appeal No. 69 of 2025 expeditiously.

Court's answer

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.

Ratio / Principle

The learned advocate on record of the petitioner is obliged to forward a copy of the application along with a server copy of the order to the opposite parties forthwith.

Key takeaways

C.O. 618 of 2026 stands disposed of by requesting the learned Additional District and Sessions Judge, Fast Track Court, Serampore to act on the pending interlocutory applications.ratio¶11
The appellate Judge is requested to dispose of the application for stay and the application for payment of occupation charges as expeditiously as possible.ratio¶11
After disposal of those applications, the learned Judge of the appellate court shall make an endeavour to dispose of Title Appeal No. 69 of 2025 as expeditiously as possible without granting unnecessary adjournments to either party.

Detailed headnote1 paragraphs

C.O. 618 of 2026 (decided 29.06.2026, Hiranmay Bhattacharyya, J.) — Anup Kumar Das v. Basudeb Kundu & Anr.: An application under Article 227 of the Constitution of India by the plaintiff/respondent in Title Appeal No. 69 of 2025 sought a direction to the learned Additional District and Sessions Judge, Fast Track Court, Serampore for expeditious disposal of the appeal. With the appellant/opposite party's stay application and the petitioner's application for payment of occupation charges pending and their hearing already commenced, the Court dispensed with notice on the opposite parties (subject to forwarding of the application and order to them), disposed of the petition by requesting the appellate Judge to decide both interlocutory applications expeditiously and thereafter to endeavour to conclude the Title Appeal without unnecessary adjournments, and made no order as to costs.

Sl.729 29.06.2026 Court No.6 BP

C.O. 618 of 2026

Anup Kumar Das -versus-

Basudeb Kundu & Anr.

Ms. Sima Kar Ghosh Ms. Suparna Paul Ms. Shilpi Ghosh Ms. Shristi Paul Mr. Arabinda Paul ..for the petitioner

This application under Article 227 of the Constitution of India is at the instance of the plaintiff/respondent in Title Appeal No. 69 of 2025 praying for a direction upon the learned Additional District and Sessions Judge, Fast Track Court , Serampore to dispose of the Title Appeal No. 69 of 2025 expeditiously.

The learned advocate appearing for the petitioner submits that an application for stay filed by the appellant/opposite party herein and the application for payment of occupation charges filed by the respondent/petitioner herein are pending. She further submits that the hearing in the aforesaid applications has already commenced.

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 on record of the petitioner shall be obliged to

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forward a copy of this application along with a server copy of this order to the opposite parties forthwith.

In the light of the submissions made by the learned advocate for the petitioner, C.O. 618 of 2026 stands disposed of by requesting the learned Additional District and Sessions Judge, Fast Track Court, Serampore to dispose of the application for stay and for payment of occupation charges as expeditiously as possible. After disposal of the aforesaid applications the learned Judge of the appellate court shall make an endeavour to dispose of the Title Appeal No. 69 of 2025 as expeditiously as possible without granting any unnecessary adjournments to either of the parties.

There shall be, however, no order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)