Kabita Rani Sautya And ORS v. The Special Land Acqusition Officer And ANR

03.01.2024 Sl. No.294(DL) srm C.O. No. 4330 of 2023 Kabita Rani Sautya & Ors.

Versus

The Special Land Acquisition Officer, (Under West Bengal Industrial Infrastructure Development Corporation Act, 1974) & Anr.

Mr. Salil Kumar Maiti, Ms. Dolan Samanta ...for the Petitioners.

The appellants in Misc. Appeal No.3 of 2008 seek expeditious disposal of the said appeal. Misc. Appeal No.3 of 2008 is pending before the learned Additional District Judge, 2nd Court at Tamluk, Purba Medinipur.

It is contended that the appeal was heard and was fixed for delivery of judgment sometime in 2019. Thereafter the Presiding Officer changed and the appeal was again heard. Considering the age of the appeal and the submission, this Court is of the view that the prayer of the petitioners for early disposal of the proceedings, is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite parties.

Under such circumstances, the revisional application is disposed of, with a direction upon the learned court below to dispose of the misc. appeal within a period of two months from the next date fixed, independently and strictly in accordance with law, upon allowing the parties to contest the proceeding. Unnecessary adjournments shall not be granted to any of the parties.

This Court has not gone into the merits of the misc. appeal.

A copy of the revisional application along with a server copy of this order be served upon the opposite parties within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)