Kalyan Singha Gajendra Mahapatra & ORS v. State

29.08.2023 Srimanta Sl. No. 01 Ct. No. 42 IA No.:CAN/1/2003 (Old No.:CAN/2079/2003), CAN/2/2003 (Old No.:CAN/2080/2003), CAN/3/2003 (Old No.:CAN/2081/2003), CAN/4/2007 (Old No.:CAN/2731/2007) in WPA/2253/1990 Kalyan Singha Gajendra Mahapatra & Ors.

-Vs.- State of West Bengal & Ors.

Mr. Sounak Bhattacharya, Mr. Sounak Mandal ...for the petitioners.

Mr. Soumitra Bandyopadhyay, Mr. Aniruddha Sen, Mr. Priyabrata Batabyal ...for the State.

Mr. Sumit Kumar Panja, Mr. Sumit Roy ...for the WBSEDCL.

Report filed on behalf of the State respondents be taken-on-record.

It is submitted by Mr. Bhattacharya, learned Advocate on behalf of the petitioners that the instant writ petition relates to acquisition of land under Act II of 1948. The said Act is repealed. In order to save some parts of the said Act Land Acquisition (West Bengal Amendment) Act came into force inserting Section 9(3A) and (3B) in Act I of 1894. At present, Act I of 1894 is repealed by Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and resettlement Act, 2013. Under such circumstances, it is submitted by Mr. Bhattacharya that the petitioners want to withdraw the instant writ petition with leave to file a fresh writ petition on the selfsame cause of action.

Leave is granted.

The instant writ petition be dismissed as withdrawn.

Written instruction submitted by the petitioners be taken on record.

(Bibek Chaudhuri, J.)