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Calcutta High Court (Appellete Side)

(Rajiv Dey vs The State Of West Bengal & Ors.) on 12 November, 2018

Author: Protik Prakash Banerjee

Bench: Protik Prakash Banerjee

                                         1


37   12.11.2018

jb.

W.P. 2673(W) of 2018 (Rajiv Dey vs. The State of West Bengal & Ors.) with W.P. 2674(W) of 2018 (Manas Kr. Maity vs. State of West Bengal & Ors.) with W.P. 2675(W) of 2018 (Madan Chanda vs. State of West Bengal & Ors.) with W.P. 2677(W) of 2018 (Tapas Samanta vs. State of West Bengal & Ors.) Mr. Rahul Karmakar Mr. Kalyan Sengupta Ms. Sayanta Santra .... For the Petitioners Mr. Susovan Sengupta Mr. Subir Pal .... For the State (W. P. nos. 2673(W), 2674(W) and 2677(W) of 2018) Mr. Jishnu Chowdhury .... For the State (W.P. No. 2675(W) of 2018) Report in the form of affidavits have been filed on behalf of the State of West Bengal in respect of W.P. Nos. 2673(W) of 2018, 2674(W) of 2018 and 2677(W) of 2018.

Mr. Sengupta, learned senior advocate appearing for the State (in the aforesaid three writ petitions) has produced authenticated copy of the report of physical verification of the land in question. He has produced the record on the earlier 2 occasion when the learned advocate for the petitioner was absent and so I have dispensed with the requirement to bring the original records. Therefore, there has been substantial compliance with my earlier order dated August 31, 2018.

Mr. Karmakar submits that floodwater has receded and now physical verification can be done.

Accordingly on the basis of the submission made by the writ petitioner, let the inspection of the site be carried out in terms of my earlier order dated June 22, 2018 within a period of two weeks from date subject to weather conditions.

The writ petition shall be placed for further consideration in the monthly list of December, 2018 when the State shall file joint physical survey report.

(Protik Prakash Banerjee, J.)