Hada Brothers Seek Fast Possession Restoration

Authority: High Court at Calcutta (Civil Revisional Jurisdiction)

Order Date: 24 July 2026

Parties: Petitioner – Hada Brothers Pvt. Ltd.; Respondent – Shyama Prasad Mookerjee Port, Kolkata.
The petition is a revisional application (C.O. 2206 of 2026) under Section 151 of the Code of Civil Procedure seeking restoration of possession of premises taken by the respondent on 1 July 2026.
Background: An eviction order dated 30 January 2025 was issued by the Estate Officer under Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The petitioner filed Misc. Appeal No. 23 of 2025 against that order.
On 13 May 2025, while the appeal was pending, the opposite party gave an undertaking to the appellate court that execution of the eviction would not proceed. The petitioner alleges the undertaking was breached when the respondent took possession on 1 July 2026.
The petitioner states that the sum adjudicated by the Estate Officer has been paid to the Port Authorities, with further payments clearing dues up to June 2026.
The premises contain perishable goods belonging to several traders; the petitioner argues that their livelihood is at risk.
Respondent’s counsel contends the undertaking was limited to the ad‑interim stage and conditioned on the petitioner expediting the appeal.
The Estate Officer, present in court, issued an order on 21 July 2026 directing the Port Authorities to take immediate steps to dispose of perishable goods, interpreted as handing them over to the rightful owners.

The Court disposed of the revisional application, directing the learned Additional District Judge, 4th Court at Howrah, to hear the petitioner’s Section 151 application filed on 2 July 2026 as expeditiously as possible, preferably on 28 July 2026, and if not, within a week thereafter, without granting unnecessary adjournments.
The Court affirmed that traders may make representations to the Estate Officer for release of any other goods, which will be considered in accordance with law.
No order as to costs was made.
Parties may obtain an urgent certified copy of the order subject to formalities.

Topics: Port Dispute, Possession Restoration