Giyasuddin Mondal v. State Of West Bengal & ORS

24.07.2025 Sl. No. 340 Ct No. 6 SG WPA 31114 of 2014 CAN 1 of 2025 Giyasuddin Mondal Vs State of West Bengal & Ors.

Mr. Amit Kumar Pan, Ms. Tanusri Santra.

...for the petitioner Mr. Chandi Charan De, ld AGP Mr. Anirban Sarkar.

...for opposite party Re: CAN 1 of 2025 1.

This is an application praying for modification of the judgment and order dated August 22, 2024 passed in WPA 31114 of 2014. By the judgment dated August 22, 2024 this Court passed the following order:- "24. This court, therefore, directs the competent authority of the State, namely, the Collector, Murshidabad to initiate a fresh proceeding under the 2013 Act and to determine the compensation and pay the same to the writ petitioner(s), if they are so entitled or to any other person who may be interested in the compensation amount in respect of the plot in question. The entire exercise shall be completed as expeditiously as possible but positively within a period of four months from the date of receipt of the server copy of this order." 2.

Mr. De, learned Additional Government Pleader submits that in the meantime the decision has been taken to make payment in terms of the direct purchase policy vide Memo No. AS- 1295-LA/9R-97/23 dated 16.10.2023.

3.

Mr. Pan, learned Advocate appearing for the petitioner-opposite party in the application submits upon

instruction that the writ petitioner/opposite party herein is ready to accept the payment in terms of the aforesaid direct purchase policy if the payment is made within a specified time limit.

4.

Mr. De, learned Additional Government Pleader submits all steps in terms of the direct purchase policy including the payment thereof shall be completed within four months from the date of receipt of the server of copy of this order.

5.

In view thereof, the judgment and order dated August 22, 2024 is modified on consent of the parties by directing the competent authority of the State including the Collector, Dist.- Murshidabad shall take steps in terms of the direct purchase policy being Memo No. AS1295-LA/9R-97/23 dated 16.10.2023 and to complete the said process including payment to the writ petitioner within a period of four months from the date of receipt of the server copy of this order.

6.

In case the payment in terms of the direct purchase policy is not made within the time indicated hereinbefore, this order shall automatically stand recalled and the directions contained in paragraph 24 of the judgment dated August 22, 2024 shall automatically stand revived.

7.

Accordingly, CAN 1 of 2025 stands allowed.

(Hiranmay Bhattacharyya, J.)