Ar vs Manju Alias Manjushree Hazra
2022 Latest Caselaw 2777 Cal

35      12.05.2022                       FAT 489 of 2019
                                                with
Ct-08                     I.A No. CAN 1 of 2019(Old No. CAN 10697 of 2019)
                              CAN 2 of 2019(Old No. CAN 10922 of 2019)
                               CAN 3 of 2020(Old No. CAN 1849 of 2020)

                                    The State of West Bengal
ar                                              Vs.
                                   Manju alias Manjushree Hazra


                        Mr. Rabindra Narayan Dutta
                        Mr. Hare Krishna Halder
                                    ... For the Appellant/State

                        Mr. Debayan Bera
                        Mr. Sakti Prasad Chakraborti
                                    ... For the Respondent

Re: CAN 1 of 2019(Old No. CAN 10697 of 2019) Section 5

This is an application for condonation of delay of 115 days in filing the memorandum of appeal, as reported by the Additional Stamp Reporter vide his reported dated 19.06.2021 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 115 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 homes, 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 10697 of 2019 is thus allowed.

Re: CAN 2 of 2019(Old No. CAN 10922 of 2019)

This is an application for acceptance the photocopy of the impugned judgment dated 4th April, 2019 passed by Land Acquisition Judge, North 24 Parganas in case nos. L.A 1 of 2018 to L.A 19 of 2018.

In view of the fact that several appeals have been filed arising out of the common judgment and decree dated 4th March, 2019, we allow this application for exemption from filing the original certified copy of the judgment dated 4th April, 2019. However, the original decree dated 4th April, 2019 in respective appeals shall be filed separately.

CAN 10922 of 2019 is thus disposed of without any order as to costs.

CAN 3 of 2020(Old No. CAN 1849 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 4th April, 2019 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 four 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 sole respondent is represented, formal service of notice of appeal on the said respondent 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 sole respondent, call for the lower court's record through a special messenger at the cost of the respondent 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 respondent, Mr. Sakti Prasad Chakraborti, at once so that the sole respondent 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 sole respondent 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 sole respondent, undertakes to file Vokalatnama in department by 19th May, 2022.

CAN 1849 of 2020 is accordingly disposed of. The parties shall be at liberty to mention the appeal for hearing.

(Sugato Majumdar,J.) (Soumen Sen, J.)