Nadia Zilla Parishad v. Birendra Nath Ghosh And ORS

27.09.2023 Item No.14 & 15 Ct. No.5 CHC (disposed of) M.A.T.1183 of 2023 The State of West Bengal & ors.

Vs.

Sri Birendra Nath Ghosh & ors.

With M.A.T.1184 of 2023 IA NO: CAN/2/2023 Nadia Zilla Parishad Vs.

Sri Birendra Nath Ghosh & ors.

Mr. Sirsanya Bandopadhyay, Jr. Standing Counsel Mr. Arka Kumar Nag ...for the State/appellants Mr. Tulsi Das Ray, Mr. Tapan Ray, Mr. Tirthankar Roy ...for the respondent no.1 in both the appeals Mr. Kishor Dutta, Sr. Advocate Mr. Nilotpal Chatterjee, Mr. Vivekananda Bose, Mr. Ratikanta Pal, Mr. Subhajit Das, ...for the respondent no.2 in MAT 1183 of 2023 and appellant in MAT 1184 of 2023 M.A.T.1183 of 2023 is at the behest of the State while M.A.T.1184 of 2023 is at the behest of Nadia Zilla Parishad and are directed against the judgment and order dated June 15, 2023 passed in W.P.A.17026 of 2015.

During the pendency of the appeald, private respondent no.1 agreed to sell the immovable

properties comprised in the writ petition to the extent of 38 decimals in L.R. Dag No.806, MouzaBaganchara at a price of Rs.31,82,203/- for the land and 50% solatium thereon Rs.15,91,101.50, aggregating to a sum of Rs.47,73,304.50 to the State. Learned Junior Standing Counsel appearing for the State submits on instructions that, State is ready and willing to purchase the immovable property of the private respondent no.1 at the aggregate value of Rs. 47,73,304.50.

In such circumstances, the impugned judgment and order dated June 15, 2023 is set aside. The conveyance be executed as expeditiously as possible and preferably within four weeks from date.

M.A.T.1183 of 2023 and M.A.T.1184 of 2023 alongwith connected applications are disposed of accordingly.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)