State Of West Bengal And ORS. v. Jayanta Mondal And ORS

60. 07.04.2022 Ct. No.06 Tanmoy M.A.T. 289 of 2022 The State of West Bengal & Ors.

-VersusJayanta Mondal & Ors.

With IA No: C.A.N. 1 of 2022 With IA No: C.A.N. 2 of 2022 Mr. Susovan Sengupta, Adv., Mr. Subir Pal, Adv.

...for the appellants/State.

In Re: IA No: C.A.N. 2 of 2022 This is an application for condonation of delay of 816 days in filing the appeal. Causes shown being sufficient, the delay is condoned. The application being IA No: C.A.N. 2 of 2022 in M.A.T. 289 of 2022 is disposed of. In Re: M.A.T. 289 of 2022 With IA No: C.A.N. 1 of 2022 The appeal and the connected application are taken up together for hearing.

Affidavit filed on behalf of the State in terms of our earlier order be kept with the records.

The State came up in appeal against the order dated December 6, 2019, passed in W.P. 6206 (W) of 2019 being aggrieved by the direction of the learned Single Judge on the Special Land Acquisition Officer, South 24-Parganas

to take steps for making payment to the writ petitioner, the amount of compensation awarded by the Authority. Before us, the State said that the Special Land Acquisition Officer has deposited the amount with the Land Acquisition Judge and the Officer is not in a position to make payment.

It appears that a contempt application was filed by the writ petitioner for alleged violation of the learned Judge's order, which is under appeal. On the contempt application, the learned Judge has modified his order by granting liberty to the writ petitioners to apply before the Land Acquisition Judge for withdrawing the awarded money in question. The learned Judge has also directed the alleged contemnor being the Special Land Acquisition Officer, to fully co-operate for disposal of the application before the Land Acquisition Judge if such application is made by the writ petitioners.

In that view of the matter, nothing survives in the present appeal of the State.

The appeal being M.A.T. 289 of 2022 and the connected application being IA No: C.A.N. 1 of 2022 are accordingly disposed of.

Let urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all necessary formalities.

(Kausik Chanda, J.) (Arijit Banerjee, J.)