Calcutta High Court (Appellete Side)
Prasanta Mahapatra vs The State Of West Bengal & Ors on 12 September, 2018
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1
12.09.2018 CAN 6963 of 2018
Court No. 14
in
Item No. SL - 06
snandy
WP 6671 (W) of 2013
(DISPOSED OF)
Prasanta Mahapatra
Vs.
The State of West Bengal & Ors.
Mr. Debasish Das, Advocate
Mr. Jayanta Kumar Das, Advocate
Mr. Gourav Das, Advocate
......for the Petitioner
Mr. Jahar Lal Dey, Senior Advocate
Mr. Rabiul Islam, Advocate
......for the State
Mr. Debabrata Banerjee, Advocate
Mr. Samir Kumar Chaudhury, Advocate
......for the Respondent No. 8
CAN 6963 of 2018 This is an application for restoration and/or recalling of the order dated August 27, 2018, by which the writ-petition being WP 6671 (W) of 2013 was dismissed for default.
Upon perusal of the averments made in the said application this court finds that sufficient grounds have been made for absence of the petitioner on the said date.
The application being CAN 6963 of 2018 is thus allowed and disposed of.
The writ-petition being WP 6671 (W) of 2013 is restored to it original file and number.
WP 6671 (W) of 2013 The writ-petitioner is aggrieved by the acquisition of his land situated and lying at R.S. Plot No. 480, Mouza - Kadampur, Area 19 decimal, District - North 24-Parganas. The writ-petitioner submits that he is in continuous possession of the 2 land and the same is seriously disputed by the State authority and HIDCO.
The State authority says that by due process of law the land has been acquired and as per provisions of Act I of 1894, compensation has been deposited with the L.A. Collector, Barasat.
The writ-petitioner disputes that due process under the 1894 Act has been followed. The writ- petitioner further submits that the land since after the alleged acquisition proceedings being converted into 'Vaastu' from 'Shaali'.
In these circumstances, there shall be an order of status quo in respect of the land till such time the writ-petitioner moves the L.A. Collector or the appropriate authority, challenges the acquisition proceedings and until disposal of such challenge. It is reasonably expected that the writ-petitioner shall challenge the proceedings as evident from the pleading filed before this court within a period of 10 days from date.
The concerned authority and/or the L.A. Collector shall dispose of the writ-petitioner's challenge and/or objection within 30 days of making such application. The interim order shall continue till 40 days from date.
The authority submits that the possession of the land has already been taken, exploited and developed for the purpose for which it was acquired. The writ-petitioner disputes the same.
The affidavit-in-opposition and the reply filed today in court, be kept with the record.
3With the above observations, the writ-petition being WP 6671 (W) of 2013 is disposed of. No order as to costs.
Urgent Photostat Certified copy of this order be given to the parties, if applied for, upon compliance of necessary formalities.
(Rajasekhar Mantha, J.)