M/S Ranicherra Tea Company Limited v. State Of West Bengal &ORS

08.07.2021 08.07.2021 Ct. No.10 b.das W.P.A. 24910 of 2017 + CAN 1 of 2019 (Via Video Conference) M/s. Ranicherra Tea Co. Ltd.

Vs.

State of W.B. & Ors.

Mr. Partha Pratim Roy ....for the petitioner.

Mr. Susovan Sengupta ...for the State.

Heard the parties.

The grievance of the petitioner is directed against the respondent State from taking possession of their land measuring about 3.5 acres situated in the District of Jalpaiguri.

It appears from the writ petition that the respondent State had initiated acquisition proceedings in respect of the land of the petitioner.

It is submitted on behalf of the petitioner that possession of the land in question has been taken by the State.

It is also submitted on behalf of the petitioner that during the pendency of the writ petition the final award has been passed pertaining to the subject premises.

In view of the submissions of Mr. Roy, I am of the view that the prayers in this writ petition have become infructuous and the remedy of the petitioner lies in challenging the final award in accordance with law. In view of the aforesaid the writ petition being W.P.A. 24910 of 2017 and the connected application being CAN 1 of 2019 stands dismissed.

Liberty is granted to the petitioner to challenge the final award if so advised in accordance with law. However, there will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Ravi Krishan Kapur, J.)