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Calcutta High CourtWPA/16857/2019dismissed as withdrawn

Md. Abdul Odud v. State Of West Bengal & ORS

2023-04-10Hon'Ble Justice Suvra Ghosh2 pages

jdt.

10.04.2023 jb.

W.P.A. 16857 of 2019 (Md. Abdul Odud vs. State of West Bengal & Ors.) Mr. Saibal Acharya Mr. Bidyut Baran Biswas Mr. Aloke Chakraborty Mr. S. Dey .... For the Petitioner Mr. Chandi Charan De Mr. Anirban Sarkar .... For the State The petitioner contends that the State respondents purchased the land in question from him by virtue of a registered deed on 5th January, 2018 and consideration was settled at Rs.24,20,015/-.

An amount of Rs.15,00,000/- was paid to the petitioner and the residual amount of Rs.9,20,015/- was due. The petitioner has prayed for a writ of mandamus commanding the respondents to release the residual amount in his favour.

Per contra, it is submitted on behalf of the State respondents upon placing reliance on a letter issued by the petitioner in favour of the Block Land and Land Reforms Officer, Berhampur, Murshidabad that the consideration amount was settled at Rs.15,00,000/- and the settled amount was paid in full to the petitioner.

Learned counsel for the petitioner denies and disputes the genuineness of the said letter and submits that the letter is forged and concocted.

There are disputed questions of fact involved in this matter which requires evidence-both oral and documentary. Learned counsel for the petitioner seeks to withdraw the writ petition and approach the appropriate authority for redressal of his grievance. In view of the above, the writ petition being W.P.A. 16857 of 2018 is dismissed as withdrawn.

However, the petitioner is at liberty to approach the appropriate forum for redressal of his grievance. There shall be no order as to costs.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)