Nibbedita Housing Pvt Ltd And Another v. State Of West Bengal And ORS.

21.10.2020 Sl.No. 06 Ct.No. 08 Amalranjan

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE MAT No. 648 of 2020 With IA No: CAN/1/2020 Nibedita Housing Pvt. Ltd & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Soumya Majumdar Mr. Dhiman Kr. Sengupta ... for the appellants Mr. Billwadal Bhattacharya Mr. Anish Kr. Mukherjee ...for the respondents Mr. Biswabrata Basu Mallick ...for the State Re.: CAN 1 of 2020 The issue involved in this appeal appears to be very short.

We treat this appeal as on the day's list by consent of appearing counsel.

The grievance of the appellants is with regard to valuation of the subject property.

Sale thereof has been confirmed by the respondents subject to the right of the appellants under Rule 191( I & J) of the West Bengal Co-operative Societies Rule, 2011.

We grant an opportunity to the appellants to challenge the valuation under the procedure prescribed under Rule 191(I & J), provided the

appellants invoke the said Rule by 4th November, 2020. The appropriate respondent authority will admit the application, consider and dispose of the same according to law within 2 weeks of filing of the said application.

Till the disposal of such application and for a further period of 3 weeks thereafter to enable the appellants to challenge any adverse decision, the appropriate respondent authority shall not make the sale absolute and hand over possession to the purchaser.

The appeal and the connected application are disposed of accordingly.

( Md. Nizamuddin,J. ) ( I. P. Mukerji,J. )