Calcutta High Court (Appellete Side)
The State Of West Bengal vs Md. Ali & Ors on 4 November, 2022
04.11.2022
SL No.4-19
Court No.8
(gc)
FAT 180 of 2014
CAN 2 of 2015 (Old No: CAN 1430 of 2015)
The State of West Bengal
Vs.
Md. Ali & Ors.
With
FAT 149 of 2015
CAN 2 of 2015 (Old No: CAN 3729 of 2015)
The State of West Bengal
Vs.
Asmat Ali & Ors.
With
FAT 150 of 2015
CAN 2 of 2015 (Old No: CAN 3730 of 2015)
The State of West Bengal
Vs.
Pabitra Bhangi & Ors.
With
FAT 198 of 2014
CAN 2 of 2015 (Old No: CAN 1434 of 2015)
The State of West Bengal
Vs.
Akiram Bibi & Ors.
With
FAT 199 of 2014
CAN 2 of 2015 (Old No: CAN 1435 of 2015)
The State of West Bengal
Vs.
Rani Bhangi & Ors.
With
FAT 200 of 2014
CAN 2 of 2015 (Old No: CAN 1436 of 2015)
The State of West Bengal
Vs.
Nazir Hossain & Ors.
With
FAT 201 of 2014
CAN 2 of 2015 (Old No: CAN 1760 of 2015)
2
The State of West Bengal
Vs.
Ali Hossain & Ors.
With
FAT 203 of 2014
CAN 2 of 2015 (Old No: CAN 1761 of 2015)
The State of West Bengal
Vs.
Abdul Kasem & Ors.
With
FAT 204 of 2014
CAN 2 of 2015 (Old No: CAN 1762 of 2015)
The State of West Bengal
Vs.
Tarak Bhangi & Ors.
With
FAT 205 of 2014
CAN 2 of 2015 (Old No: CAN 1763 of 2015)
The State of West Bengal
Vs.
Babur Ali & Ors.
With
FAT 206 of 2014
CAN 2 of 2015 (Old No: CAN 1765 of 2015)
The State of West Bengal
Vs.
Biswajit Bhangi & Ors.
With
FAT 207 of 2014
CAN 2 of 2015 (Old No: CAN 2746 of 2015)
The State of West Bengal
Vs.
Angur Bala Bhangi & Ors.
With
FAT 208 of 2014
CAN 2 of 2015 (Old No: CAN 2748 of 2015)
The State of West Bengal
Vs.
Sukur Ali & Ors.
With
3
FAT 215 of 2014
CAN 2 of 2015 (Old No: CAN 2749 of 2015)
The State of West Bengal
Vs.
Jahida Khatoon (Khatun) & Ors.
With
FAT 216 of 2014
CAN 2 of 2015 (Old No: CAN 2751 of 2015)
The State of West Bengal
Vs.
Chattar (Sattar) Ali Mondal & Ors.
With
FAT 217 of 2014
CAN 2 of 2015 (Old No: CAN 2752 of 2015)
The State of West Bengal
Vs.
Ajmira Bibi & Ors.
Mr. Sirsanya Bandopadhyay,
Ms. Tapati Samanta,
...for the Appellant/State.
Mr. Debayan Bera,
Mr. Sakti Prasad Chakrabarti,
...for all the Respondents
& for the Respondent Nos. 7(b), 7(c) in FAT 198 of 2014,
Respondent Nos.2, 5 in FAT 199 of 2014,
Respondent Nos.2(f), 2(g) in FAT 201 of 2014,
Respondent Nos.2, 6 in FAT 207 of 2014,
Respondent Nos. 4, 5 in FAT 208 of 2014,
Respondent Nos.8(c), 8(d), 8(h) in FAT 216 of 2014,
Respondent Nos. 2, 5, 6, 10, 11 in FAT 217 of 2014,
Respondent Nos. 4, 6 in FAT 150 of 2015.
We have heard the learned Counsel for the parties.
These appeals are arising out of a common
judgment and order passed by the learned Land
Acquisition Judge, 3rd Court, Barasat, North 24-Parganas
in connection with L.A. Case Nos.2 of 2000 to 17 of 2000.
The appellant is the State.
The appellant has prayed for stay of operation of the
judgment and decree dated 30th November, 2012 passed
by the learned Land Acquisition Judge, 3rd Court,
Barasat, North 24-Parganas. It is submitted that insofar
as FAT 149 of 2015, FAT 198 of 2014, FAT 204 of 2014
and FAT 205 of 2014, the entire decretal amount has
been deposited with the Executing Court. Mr.
Bandopadhyay, learned Counsel for the appellant has
prayed for some time to deposit the decretal dues in
relation to the other appeals. We permit the appellant to
deposit the entire decretal dues in relation to the
remaining matters with the Registrar General within four
weeks from date. The Registrar General shall deposit the
said amount in a short term fixed deposit account yielding
highest returns in a nationalized bank within one week
from the date of deposits.
There shall be unconditional stay of operation of the
judgment and award for four 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.
Mr. Sakti Prasad Chakrabarti, learned Counsel has
entered appearance for some of the respondents in the
appeal and undertakes to file Vakalatnama for the
remaining surviving respondents within two weeks from
date. Accordingly, formal service of notice of appeal on
the said respondents is dispensed with.
Mr. Debayan Bera, learned Counsel has submitted
that the respondents shall file substitution applications to
bring on record the legal heirs of the deceased
respondents. Since there is a likelihood that all the
respondents would be represented by Mr. Sakti Prasad
Chakrabarti with regard to the service of notice of appeal
upon such proposed substituted respondents are reserved
and to be passed at the appropriate stage and the final
direction may be passed at that point of time with regard
to the service of notice of appeal upon such respondents.
However, we direct the department to bring the
L.C.R. through special messenger at the costs of the
appellant and such costs shall be put in within two weeks
from date.
Immediately after arrival of the L.C.R., office shall
examine the same and, if found complete, shall serve
notice of arrival of L.C.R. on the learned Advocate on
record for the appellant at once.
The appellant shall file requisite number of informal
paper books - printed, typewritten or cyclostyled
incorporating all papers used before the Court below
within six weeks thereafter.
As soon as the paper books are filed, the learned
Advocate on record representing the appellant shall inform the
same to the learned Advocate representing the respondents and
serve the paper books.
The learned Counsel for the parties have submitted that
in the meantime they shall explore the possibility of a
settlement and in the event there is a likelihood of settlement,
the matter may be mentioned for listing the appeals that are
likely to be settled for the Monthly Lok Adalat.
All orders of attachment of PLA Head/Account
pertaining to the award cases shall stand vacated
immediately upon compliance of this order.
The applications for stay are, accordingly, disposed
of.
The parties shall be at liberty to mention the
appeals for haring.
(Uday Kumar, J.) (Soumen Sen, J.)
