Smartspace Infrastructure Private Ltd And Others v. Union Of Indian And 6 Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/102/2025 Smartspace Infrastructure Private Ltd and Others Vs.

The Union of India and Others Mrs. Shyamal Sarkar, Sr. Adv.

Mr. Sankarsan Sarkar (through virtual mode) Mr. Ajay Majhi ... for the petitioners Mr. V. D. Sivabalan Mr. Arun S. Kumar ... for the respondent Nos. 2 to 6 March 12, 2025 [AKB] Item No.2 1.

The instant writ petition has been filed, inter alia, praying for a direction upon the respondents, particularly the respondent No.6, wrongfully recorded as respondent No.7 in the prayer portion, to issue conversion order in terms of the application dated 13.12.2018 appearing at page 65 of the writ petition. 2.

Mr. Shyamal Sarkar, learned Senior Advocate representing the petitioners by drawing attention of this Court to the judgement and order delivered by a Coordinate Bench of this Court in WPA/43/2019 on 11.01.2023 would submit that the issues involved in the said writ petition and the instant petition are identical. According to him although, an appeal was preferred by the Administration against the said order, the same was dismissed by a judgement and order dated 24th June, 2024. Mr. Sarkar would submit that the present writ petition may be disposed of in terms of the judgement and order dated 11.01.2023 passed in WPA/43/2019.

3.

Mr. V.D.Sivabalan, learned advocate representing the Administration would submit that by reasons of pendency of diverse litigation the petitioners' application dated 13.12.2018 could not be processed earlier. He however, submits since, at present the issues have already been conclusively settled, the

respondents would take expeditious steps to dispose of the petitioners' application.

4.

Having heard the learned advocates appearing for the respective parties and noting that the Administration at present is interested to process the petitioners' application, I am of the view that having regard to the judgement delivered in the case of Smartspace Infrastructure Private Limited and others., v Union of India and others., in WPA/43/2019, the administration should process and dispose of the petitioners application dated 13.12.2018 without further delay, preferably within 12 weeks from the date of communication of this order.

5.

Needless to note that the administration shall rely on their own records while deciding such application.

6.

With the above observation and direction, the writ petition stands disposed of.

7.

There shall be no orders as to costs.

8.

Urgent Photostat certified copy of this order, if applied for, the same be supplied to the parties upon compliance of necessary formalities.

( Raja Basu Chowdhury, J. )