Jharna Jha (Thakur) vs The State Of West Bengal & Ors
2023 Latest Caselaw 2337 Cal

05.04.2023
Item No.01
Court No.6.
    S. De
                                 F.M.A. 72 of 2022
                                        with
                              I.A. No. CAN 1 of 2022

                              Jharna Jha (Thakur).
                                       Vs
                         The State of West Bengal & Ors.

                    Mr. B.N. Ray,
                    Ms. Shetparna Ray,
                                    ...for the appellant.

                    Affidavit-of-service filed in Court today be kept

              with the records.

                    In re : I.A. No. CAN 1 of 2022

                    This application has been taken out for adding

              eight persons as party respondents in this appeal.

Those persons were not parties to the writ petition

which was disposed of by a learned Single Judge by

judgment and order dated April 8, 2021 which is

impugned in this appeal.

Learned advocate for the applicant/appellant

says that developments have taken place subsequent

to disposal of the writ petition by the learned Single

Judge which necessitate bringing on record the eight

persons mentioned in the application for addition of

parties. Orders passed in the appeal are likely to

affect those eight persons. Hence, their presence

before this Court is necessary for complete and

effective adjudication of the issues involved in the

appeal.

In spite of service the persons who are being

sought to be added, have not appeared.

We find some substance in the submission made

by learned advocate for the applicant. The persons

sought to be added are beneficiaries under certain

Government Schemes sought to be operated from what

the appellant claims to be her land. The appellant is

seeking to recover physical possession of such land

since the record of rights have been corrected in her

favour pursuant to orders passed by this Court after

annulment of pattas that had been earlier granted in

respect of such land. If the applicant/appellant

succeeds in obtaining an order for putting her in

peaceful physical possession of the land in question,

the eight persons who are sought to be added as

respondents, will also be adversely affected.

For the aforesaid reasons we allow the

application for addition of parties.

Let the department carry out necessary

amendment to the cause title of the appeal papers

within a period of a fortnight from date (April 19,

2023). After necessary amendment is carried out, the

appellant shall serve copies of memorandum of appeal

and any application that she may file in the mean time

on the added respondents and file affidavit-of-service

on the adjourned date.

I.A. No. CAN 1 of 2023 is, accordingly, disposed

of.

In re : FMA 72 of 2022

List the matter three weeks hence (April 26,

2023)

(Prasenjit Biswas, J.) (Arijit Banerjee, J.)