The Honble Lt.Governor And ORS v. Sobhna Kumari

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** RVW/2/2024 IA No.CAN/1/2024 The Honble Lt. Governor and Others Vs Sobhna Kumari Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the petitioners Mr.Gopala Binnu Kumar ... for the respondent August 6, 2024 [SR] Item No.28 Re: CAN/1/2024 (Delay) This is an application for condonation of delay of 48 days in presenting the review application. Causes shown being sufficient, the delay is condoned.

CAN/2/2024 is disposed of accordingly.

Re: RVW/2/2024 (Review) This is an application for review of a judgment and order dated February 23, 2024, whereby, a learned Judge of this Court disposed of WPA/121/2020. The operative portion of the said order reads as follows:

"Considering the facts and circumstances as appears from the record and submission of parties, this writ petition being WPA/121/2020 is disposed of by directing the respondent authority concerned to regularize encroached land in question admittedly occupied by the petitioner as indicated in Annexure P-9 to the writ petition, under the aforesaid scheme dated 17th August, 1987, within a period of eight weeks from the date of communication of this order."

Learned advocate for the review applicant says that subsequent to the aforesaid order being passed, certain documents have come to the notice of the Administration

which would indicate that the order under review should not have been passed. In fact, fraud has been played on the Court by suppressing such documents.

Learned advocate for the respondents strongly denies the submission made on behalf of the petitioner. He says that the documents in question are documents emanating from the Administration itself.

I have seen the documents. They may have some relevance for the purpose of deciding the issue involved in the writ application.

Hence, I am inclined to recall the order dated February 23, 2024 and post the writ petition for fresh consideration upon the said documents being brought on record. The order dated February 23, 2024 is recalled.

The respondents in the writ petition will be at liberty to file supplementary affidavit bringing on record the documents in question with a copy to the learned advocate on record for the writ petitioner.

Let such supplementary affidavit be filed within four weeks from date (02.09.2024). Reply thereto, if any, be filed within two weeks thereafter (16.09.2024).

List the matter after six weeks before the then available Circuit Bench.

I make it clear that I have not gone into the merits of the case.

Since no affidavits have been called for, the allegations in the review application are deemed not to be admitted by the writ petitioner.

RVW/2/2024 is disposed of accordingly.

( Arijit Banerjee, J.)