Himalay Paper & Board Mills Pvt Ltd v. Stste Of West Bengal & ORS

ORDER SHEET WPO 567 of 2017

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE HIMALAY PAPER & BOARD MILLS PVT. LTD.

VS.

STATE OF WEST BENGAL & ORS.

BEFORE:

The Hon'ble JUSTICE SUVRA GHOSH Date: 7th April, 2022 Mr. Jishnu Saha, Sr. Advocate, Mr. Anuj Singh, Mr. Aman Agarwal, Ms. T. De, Mr. Pingal Bhattacharyya, Advs. for the petitioner. Md. T. M. Siddiqui, Mr. S. Bandopadhyay, Mr. N. Chattterjee, Advocates for the State.

The Court : It is submitted by the learned Counsel appearing on behalf of the State respondent, on instructions, that the respondents concede to the proposal of joint inspection of the property in question in order to assess the extent of vacant land and structures thereon. It is proposed on behalf of both the parties that a Surveyor of this Court be appointed for undertaking the said exercise in presence of both the parties or their authorised representatives.

Accordingly, Mr. Puranjoy Konar, an empanelled Surveyor of this Court is appointed as Surveyor for assessing the extent of vacant land and structures thereon in presence of both the parties or their authorised representatives within four weeks from the date of communication of this

order. The Surveyor is directed to videograph the entire procedure and both the parties are directed to render all assistance to the Surveyor in the exercise.

Liberty is granted to the Surveyor to take the assistance of an Amin or any other person, if required, for the purpose of measurement of the plot in question. The inspection report be submitted before the concerned authority for preparation of fresh final statement on the basis thereof. The petitioner agrees to bear the cost of the videography. The Surveyor should be initially paid an amount of Rs.25,000/- by the petitioner forthwith.

Accordingly, the writ petition is disposed of in terms of prayer (d) of the petition.

There shall be no order as to costs.

Since no affidavits have been called for, the allegations contained in the petition are deemed to have not been admitted. Urgent certified website copies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. ( SUVRA GHOSH, J.) pa