Subhadip Ghosh vs The State Of West Bengal And Others
2023 Latest Caselaw 6785 Cal

AD-15
Ct No.09
05.10.2023
TN
                            WPA No. 20971 of 2023

                                 Subhadip Ghosh
                                      Vs.
                        The State of West Bengal and others


             Mr. Jayanta Sengupta,
             Mr. Subhrajyoti Dey,
             Mr. Antarag Banerjee,
             Mr. D. Khan,
             Mr. Debojyoti Das
                                                     .... for the petitioner

             Mr. K.J. Yusuf,
             Ms. Rupsha Chakraborty
                                                         .... for the State

             Mr. N.C. Bihani,
             Mr. P.B. Bihani
                                .... for the respondent no.4 (WBRERA)

1. Learned counsel for the petitioner contends that

the petitioner had obtained an order under the

WBHIRA (West Bengal Housing Industry

Regulation Act) and subsequently, pursuant to

the same, a certificate had been issued on June

01, 2023. In the interregnum, the Real Estate

Regulatory Authority was formed. However, it is

submitted that in view of the judgment of the

Supreme Court dated May 12, 2023 passed in

the matter of Saptaparna Ray vs. District

Magistrate and Collector, North 24 Parganas and

others, the pending executions under the

previous Act would be continued by deeming that

the orders were issued under the RERA regime.

2. Being aggrieved by the long pendency of the

execution, despite the Certificate having been

issued as long back as on June 01, 2023, the

petitioner seeks an early disposal of the same.

3. Learned counsel for the respondent-authorities

submits that the said execution is in the process

of being concluded and shall be done as

expeditiously as possible.

4. Recording such submission of the respondent-

authorities, WPA No. 20971 of 2023 is disposed

of by directing the respondent no.3 herein, the

Sub-Divisional Officer, Bidhannagar Sub-

Division, North 24 Parganas to conclude the

execution proceeding arising out of the certificate

issued in favour of the petitioner on June 01,

2023 as expeditiously as possible, positively

within December 15, 2023.

5. There will be no order as to costs.

6. Urgent photostat certified copies of this order, if

applied for, be made available to the parties upon

compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)