Niladri Haldar And ANR v. State Of West Bengal And ORS.
Sl. No.57 23.06.2025 Suman Ct. 15 RVW 178 of 2024 With CAN 1 of 2024 With CAN 2 of 2024 Niladri Haldar and Anr.
Vs.
The State of West Bengal and Ors.
Mr. Bikram Banerjee Mr. Baibhav Roy ..for the applicants/petitioners In Re: RVW 178 of 2024 Despite service, the respondents are not represented.
The affidavit of service filed by the petitioners shall be kept on record.
This application for review, along with the application for condonation of delay (CAN 2 of 2024), has been filed seeking correction of the order dated December 23, 2019.
A Co-ordinate Bench of this Court directed, inter alia, as follows:
"Accordingly, let the joint demarcation, as directed by the order of the Learned Civil Court dated 11th April, 2019, be strictly carried out in respect of the land in issue by
the BL&LRO, Mandir Bazar Block, South 24Parganas." Learned counsel representing the petitioners submits that no such direction was passed by any Civil Court dated April 11, 2019. Rather, Memo No. 566 dated June 3, 2019, issued by the Assistant Engineer, P.W.D., Kakdwip Sub-Division, and Memo No.
661/BLL&LRO/MB/19 dated August 22, 2019, issued by the BL&LRO, Mandir Bazar Block, South 24 Parganas, appearing at pages 76 and 91 of the writ petition, were issued in this regard.
It is submitted that the petitioners seek only to correct the order dated December 23, 2019 to reflect this fact.
Further, it is stated that the petitioners initially mentioned the matter for correction. After that the learned Judge directed them to file a formal application. Accordingly, an application for correction was filed. However, the said application was disposed of on April 16, 2024, by another learned Judge of this Court, granting the petitioners liberty to take necessary steps in accordance with law.
The petitioners have now filed this review application for correction, as indicated above, with respect to the order dated December 23, 2019.
Additionally, the petitioners have filed another application (CAN 1 of 2024) seeking appropriate relief. I am of the view that this review application, along with the application for appropriate relief, should be allowed, as they merely seek to incorporate corrections of inadvertent errors in the order dated December 23, 2019.
Accordingly, the fifth paragraph on page 2 of the order dated December 23, 2019, shall be read as follows: "Accordingly, let the joint demarcation as contained in Memo No.566 dated 03.06.2019 passed by the Assistant Engineer, P.W.D., Kakdwip Sub-Division and Memo No.661/BL&LRO/MB/19 dated 22.08.2019 passed by BL&LRO, Mandir Bazar, South 24 Parganas appearing at page 76 and 91 of the writ petition be strictly carried out in respect of the land in issue by the BL&LRO, Mandir Bazar Block, South 24 Parganas."
Additionally, it is directed that BL&LRO, Mandir Bazar Block, South 24 Parganas shall carry out the survey work for demarcation within a period of one month from date.
The delay in filing the review application has been sufficiently explained.
Accordingly, RVW 178 of 2024, along with CAN 1 of 2024 and CAN 2 of 2024, is disposed of.
(Kausik Chanda, J.)