State Of West Bengal & Ors vs Sudhir Kumar Mazumdar & Ors
2023 Latest Caselaw 4656 Cal

Dd     14-16   02.08.2023
     & 18-20


                                     MAT 1272 of 2023
                                           with
                                  I.A NO: CAN 1 of 2023
                                 I.A NO: CAN 2 of 2023

                             State of West Bengal & Ors.
                                         Vs.
                            Sudhir Kumar Mazumdar & Ors.

                                         With
                                   MAT 1333 of 2023
                                          with
                                 I.A NO: CAN 1 of 2023

                            The State of West Bengal & Ors.
                                          Vs.
                                Sk. Abdul Gaffar & Ors.

                                         With
                                   MAT 1334 of 2023
                                          with
                                 I.A NO: CAN 1 of 2023

                            The State of West Bengal & Ors.
                                          Vs.
                              Marhabuddin Mondal & Ors.

                                         With
                                   MAT 1353 of 2023
                                          with
                                 I.A NO: CAN 1 of 2023

                            The State of West Bengal & Ors.
                                          Vs.
                              Bishwanath Mondal & Ors.

                                          With
                                   MAT 1354 of 2023
                                          with
                                 I.A NO: CAN 1 of 2023

                            The State of West Bengal & Ors.
                                          Vs.
                                  Bijay Sain & Ors.
                      2




                      With
                MAT 1355 of 2023
                       with
              I.A NO: CAN 1 of 2023

       The State of West Bengal & Ors.
                     Vs.
            Alamgir Mallick & Ors.



Mr. Chandi Charan De, AGP
Mr. T. M. Siddiqui, AGP
Mr. Soumitra Bandyopadhyay,
Mr. Suddhadev Adak, Advocates
              ... ... For the Appellants

Mr. Uttiya Ray,
Mr. Arnab Mandal, Advocates
               ... ... For the Private Respondents

Ms. Manika Roy, advocate .. ...For the NHAI

Mr. Falguni Majhi, Advocate .. ...for the Private Respondent no. 2 & 3 in MAT 1354 of 2023 MAT 1355 of 2023 & MAT 1333 of 2023 .. ...for the Private Respondent no. 4 & 5 in MAT 1353 of 2023 .. ...for the Private Respondent no. 3 & 4 in MAT 1334 of 2023 .. ...for the Private Respondent no. 5 & 6 in MAT 1272 of 2023

The appeals are directed against the judgment and order dated September 30, 2022 passed by the learned Trial Judge, in seven several writ petitions. The appeals are at the behest of the State.

The Court is informed that the requiring authority preferred appeals from the same impugned judgment and order and that the paper books of such appeals were filed.

Learned advocate for the State submits that, all papers used before the trial Court are not available in the paper books filed by the requiring authority.

There is an issue of condonation of delay also. The appeals of the State are delayed for a period in excess of 150 days.

In view of the averments contained in the applications for condonation of delay and for the ends of justice, we deem it appropriate to condone the delay in preferring the appeals by the State against the impugned judgment and order.

CAN 1 of 2023 in all the appeals are disposed of by condoning the delay in preferring the appeals.

CAN 2 of 2023 in MAT 1272 of 2023 is also disposed of as there subsists an order of stay in the other appeals of the requiring authority.

We direct the State to file informal paper books within a fortnight from date incorporating all papers used before the trial Court.

List the appeals along with appeals preferred by the requiring authority on August 21, 2023.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)