Calcutta High Court (Appellete Side)
The State Of West Bengal vs Ar Subhas Roy Chowdhury & Ors on 5 May, 2022
19 05.05.2022 FAT 605 of 2019
with
Ct-08 I.A No. CAN 1 of 2020(Old No. CAN 1131 of 2020)
CAN 2 of 2020(Old No. CAN 1210 of 2020)
The State of West Bengal
Vs.
ar Subhas Roy Chowdhury & Ors.
Mr. Rabindra Narayan Dutta
Mr. Hare Krishna Halder
... For the Appellant/State
Mr. Debayan Bera
Mr. Sakti Prasad Chakraborti
... For the Respondents
Re: CAN 1 of 2020(Old No. CAN 1131 of 2020)
Section 5
This is an application for condonation of
delay of 526 days in filing the memorandum of
appeal, as reported by the Additional Stamp
Reporter vide his report dated 14.7.2021
We have considered the explanations offered
by the appellant in the said application in
preferring the appeal beyond the statutory
period. We are inclined to condone the delay of
526 days in presenting the memorandum of
appeal, subject to payment of Rs.5,000/- to be
deposited with the High Court Legal Services
Committee within one week from date to be used
for the welfare of the children of the correctional
home in the State of West Bengal, failing which,
the appeal shall stand dismissed without any
further reference to this court.
The application for condonation of delay
being CAN 1131 of 2020 is thus allowed.
CAN 3 of 2020(Old No. CAN 1210 of 2020) Stay
We have heard the learned counsel appearing
for the parties.
The appeal is arising out of a reference under
Section 18 of the West Bengal Land (Requisition
and Acquisition) Act, 1948. The appellant is the
State.
The appellant has prayed for a stay of
operation of the judgment and decree dated 13th
April, 2018 passed by the learned Land
Acquisition Judge (3rd Additional District Judge),
Barasat, North 24 Parganas upon depositing the
entire decreetal amount with interest till 30th
April, 2022 with the Registrar General within two
weeks from date.
There shall be unconditional stay of
operation of the judgment and award for two
weeks from date and in the event such amount is
deposited in terms of this order, the impugned
order shall remain stayed till the disposal of the
appeal.
Since the respondents are represented,
formal service of notice of appeal on the said
respondents is dispensed with and the appeal is
treated as ready as regard service by appearance.
Let the hearing of the appeal be expedited.
At the request of the learned Counsel
representing the respondents, call for the lower
court's record through a special messenger at the
cost of the respondents and such cost is to be
put in by ten days from date.
Immediately after arrival of the lower court's
record office shall examine the same and, if
found complete, shall serve notice of arrival of
lower court's record on the learned advocate on
record for the respondents, Mr. Sakti Prasad
Chakraborti, at once so that the respondents can
file requisite number of informal paper books -
printed, typewritten or cyclostyled incorporating
all papers used before the court below within two
weeks thereafter.
As soon as the paper books are filed, the
learned advocate on record representing the
respondents shall inform the same to the learned
advocate representing the appellant and serve
the paper books.
Mr. Sakti Prasad Chakraborti, learned
advocate on record for the respondents,
undertakes to file Vokalatnama in department by
11th May, 2022.
CAN 1210 of 2020 is accordingly disposed of.
The parties shall be at liberty to mention the
appeal for hearing.
(Sugato Majumdar,J.) (Soumen Sen, J.)
