← Library
Calcutta High CourtMAT/87/2025disposed

Anup Dey And ORS. v. State Of West Bengal And ORS.

2025-11-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

18.11.2025 Item No.13 Court No.1 CHC Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side M.A.T. 87 of 2025 Anup Dey & Ors.

Vs.

State of West Bengal & Ors.

Mr. Avimannu Das, Advocate ...for the appellants

1. Appeal is at the behest of the writ petitioners and directed against an order dated August 20, 2025 passed in WPA 998 of 2025.

2. By the impugned order, learned Single Judge noted that, the challenge in the writ petition was with regard to compensation received.

3. Learned Single Judge noted, that, the presence of the Special Land Acquisition Officer in Court. Learned Single Judge also noted that, the award in RA Case No.9 of 1977-78 was placed. The appellants received compensation personally without raising any objection in 1995. The appellants filed a writ petition seeking payment of compensation by suppressing the receipt of compensation.

4. In such circumstances, learned Single Judge proceeded to dismiss the writ petition with cost

assessed at Rs.10,000/- to be paid by the appellants to the respondents

5. In appeal no further materials is placed before us.

6. Receipt of compensation in 1995 by the appellants stands established. The appellants being guilty of suppression in the receipt of compensation in the writ petition stands established.

7. In such circumstances, we dismiss this appeal and imposed further cost of Rs.10,000/- to be paid by each of the appellants to the West Bengal State Legal Services Authority, Kolkata within seven days from date in addition to the cost already imposed.

8. Appellants will deposit documentary evidence of payment of such costs with the Special Land Acquisition Officer, Teesta Barrage Project within seven days from date. In default, the Special Land Acquisition Officer, Teesta Barrage Project will initiate proceeding for recovery of the same as arrears of land revenue from the appellants.

9. MAT 87 of 2025 is disposed of accordingly. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)