Nilima Halder And ORS v. State Of West Bengal And ORS.

08 & 09 05.09.2023 05.09.2023 Ct. No.10 b.das CPAN 660 of 2022 in WPA 18156 of 2019 + RVW 191 of 2023 Mr. Tapash Kr. Bhattacharya Mr. A. Bhattacharya ...for the applicants/petitioners.

Mr. Soumitra Bandyopadhyay Mr. P. Batabyal ...for the State/contemnor.

In Re: RVW 191 of 2023 The applicants/petitioners seek review of the order passed on 7th October, 2021 directing the 5th respondent to deal with the matter and consider the proposal for direct purchase of the property in question from the applicants/petitioners in terms of the memorandum. Learned counsel for the State respondents submits that the 2nd respondent along with the 5th respondent have the authority to deal with the order passed on 7th October, 2021.

The review application is allowed on that score. The order passed on 7th October, 2021 be modified as follows:

"...this writ petition is disposed of with a direction upon the 2nd respondent along with 5th respondent to deal with the matter and consider the proposal for direct purchase of the property in question from the petitioners in terms of the said Memorandum."

The remaining portion of the order shall remain unaltered.

The review application being RVW 191 of 2023 is accordingly disposed of.

However, there shall be no order as to costs. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

In Re: CPAN 660 of 2022 In view of the order passed in RVW 191 of 2023, liberty is granted to the applicants/petitioners to add the District Magistrate and Land Acquisition Collector, 24 Parganas (South) as the alleged contemnor no.2 in the contempt application.

The cause title of the contempt application be amended accordingly.

Let the matter appear under the same heading on 26th September, 2023.

(Suvra Ghosh, J.)