The Chief Executive Officer & Anr vs Krishnaprasad Ghosh & Ors
2023 Latest Caselaw 7109 Cal

13.10.2023
Item No.3 & 4
Ct. No.5
CHC

                               RVW 243 of 2023
                              IA NO: CAN/1/2023
                                  CAN/2/2023

                Burdwan Development Authority, represented by
                      the Chief Executive Officer & anr.
                                     Vs.
                         Krishnaprasad Ghosh & ors.
                                     in
                             M.A.T.569 of 2023
                                    with
                            IA NO: CAN 2 of 2023

                Burdwan Development Authority, represented by
                     the Chief Executive Officer and anr.
                                     Vs.
                         Krishnaprasad Ghosh & ors.
                                    with
                              MAT 377 of 2023
                                    With
                            IA NO: CAN 1 of 2023
                                CAN/2/2023
                         Krishna Prasad Ghosh & ors.
                                     Vs.
                       The State of West Bengal & ors.


                 Mr. Supratim Dhar,
                 Mr. Sourav Chatterjee,
                 Mr. Tapas Kr. Dey
                                   ...for the review petitioners,
                            appellants in MAT 569 of 2023 and
                            respondent nos.5 and 6 in MAT377/23

Mr. Uttiya Ray, Mr. Arnab Mandal ...for the appellants in MAT 377/23, respondent nos.1 to 4 in MAT 569/23 and opposite parties in the review application

Mr. Riahad Meboob, Mr. Meghajit Mukherjee ...for the Poddar Projects Limited

Mr. Chandi Charan De, Ld. A.G.P. Mr. Anirban Sarkar ...for the State

CAN 2 of 2023 is an application seeking

disbursement of a sum of Rs.2,07,36,000/- towards

consideration of the deed of conveyance that the

applicants of CAN 2 of 2023 executed on October 10,

2023.

Two appeals were preferred against the

judgment and order dated December 15, 2022 passed

in the writ petition.

The judgment and order dated July 24, 2023

requires the Burdwan Development Authority (BDA)

to execute title deed in respect of the properties

involved.

Thereafter, orders were passed on August 4,

2023 and August 10, 2023 in the appeal.

By the order dated August 10, 2023, the

Court permitted Poddar Projects Limited (PPL) to

deposit a sum of Rs.2,72,16,000/- with BDA and

BDA in turn to deposit such amount with the

Registrar General of this Court.

We are informed that, BDA deposited the

sum of Rs. 2,72,16,000/- with the Registrar General.

On September 21, 2023, we were invited by

BDA to pass an order recording that BDA would

execute the deed of conveyance for 21 decimal of land

involved and that, in the consideration of

Rs.2,72,16,000/- lying with the Registrar General be

disbursed to the vendors. Accordingly, we directed

encashment of the fixed deposit by the Registrar

General, if necessary on premature basis, and to

make over the apportioned value of the consideration

to the vendors.

BDA did not execute the conveyance in terms

of the order dated September 21, 2023.

We are informed that, pay orders were

prepared by the Registrar General, in terms of our

order dated September 21, 2023 by encashing the

fixed deposit. The pay orders are however lying with

the Registrar General since the document was not

executed.

On September 29, 2023, we were informed

by BDA that, they would be preferring a review

petition with regard to the judgment and order dated

July 24, 2023.

A memorandum of review along with

applications being RVW 243 of 2023 and

CAN/1/2023, CAN/2/2023 were filed by BDA. By the

review proceeding, BDA sought review of the

judgment and order dated July 24, 2023.

During the pendency of the review

proceeding, submission was made on behalf of the

BDA that there were ready and willing to execute

conveyance in respect of 16 decimal of land out of 21

initially directed by the Court. Based on such

submission, we passed an order dated October 9,

2023.

We are informed that BDA and the vendors

executed title deeds in respect of 16 decimal of land

on October 10, 2023.

On October 11, 2023, we noticed that the

payment was not made to the vendors.

By this application, the vendors seek

disbursement of the payment for the 16 decimal of

land in respect of which they executed the deed of

conveyance in favour of BDA.

BDA and PPL are represented.

On a query of the Court, as to whether, BDA

and PPL object to the prayer as made in the

application being granted, respective learned

advocates of BDA and PPL submits that, they do not

object to the prayer being allowed.

In such circumstances, we request the

Registrar General, to take all steps necessary for the

purpose of ensuring the payment of Rs.2,07,36,000/-

from out of the funds lying with her in respect of the

proceeding. Learned advocate-on-record for the

applicants in CAN/2/2023 will provide the

apportioned value of the respective amount that the

land loser are entitled to receive on such basis.

Learned Registrar General is requested to

prepare pay orders/bank draft and like instrument in

favour of the applicants of CAN/2/2023. In doing so,

learned Registrar General is at liberty to cause

cancellation of any of the pay orders already issued,

and to issue a fresh pay order.

Learned Registrar General will hand over the

pay order drawn in the name of the vendors to the

learned advocate-on-record of the vendors upon

accountable receipt being issued in respect thereof.

Balance amount lying with the learned

Registrar General may be put in a suitable interest

bearing fixed deposit with any nationalized bank at

the choice of learned Registrar General.

CAN/2/2023 is disposed of accordingly

without any order as to costs.

List the review petition in the Combined

Monthly List of December, 2023.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)