Calcutta High Court
The State Of West Bengal vs Shiladitya Banerjee And Ors on 25 September, 2025
Author: Arijit Banerjee
Bench: Arijit Banerjee
OD-6
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
APOT/277/2025
IA NO: GA/1/20225
THE STATE OF WEST BENGAL
VERSUS
SHILADITYA BANERJEE AND ORS.
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
AND
The Hon'ble JUSTICE OM NARAYAN RAI
Date : 25th September, 2025.
Appearance:
Mr. Kishore Dutta, Ld. AG
Mr. Debanjan Mandal, Sr. Adv.
Mr. Paritosh Sinha, Adv.
Ms. Sonali Dasgupta, Adv.
Mr. Biswaroop Bhattacharya, Adv.
Mr. Debayan Sen, Adv.
Ms. Swagata Ghosh, Adv.
...for the appellant
Mr. Sabyasachi Sen, Adv.
...for respondent nos. 1 and 2
Mr. Pranit Bag, Adv.
Mr. Ramanuj Ray Chowdhuri, Adv.
...for respondent no.3
Dictated by Arijit Banerjee, J.
The Court: An order dated September 11, 2025 passed by a learned
Judge of this Court in EC/7/2025 filed by the respondents herein, is under
challenge in this appeal.
It appears that there was an award on account of compensation for
land acquired, in favour of the respondents or their predecessor-in-interest.
The award was of the Land Acquisition Collector.
A reference was made under Section 8 of Act II of 1948 to the
Alipore Court. The Alipore Court passed an order enhancing the
compensation amount. That was challenged by the State before a Division
Bench of this Court by filing FA 195 of 2004. The respondents also
challenged that order by filing COT 1045 of 2005.
By a judgment and order dated December 2, 2024, the Division
Bench affirmed the order of the Alipore Court. The State's Special Leave
Petition filed against the Division Bench order was dismissed by the Hon'ble
Supreme Court.
The respondents have put the award in execution before a Learned
Judge of this Court in the present proceeding. The Learned Judge has
passed the impugned order. Being aggrieved, the State is before us by way of
this appeal.
Mr. Dutta, learned Advocate General appearing for the State, says
that this Court has no jurisdiction to entertain the execution proceedings.
Referring to various provisions of Act II of 1948, Act I of 1894 and the Code
of Civil Procedure and also relying on the decisions in the cases of Rama
Kanta Das & Ors. vs. State of West Bengal & Ors. reported in 2001 SCC
OnLine Cal 366 and Gopal Krishna Mukherjee and Others vs. The State of
West Bengal and others reported in 1976 SCC OnLine Cal 96, he argues that
the award/order of the Alipore Court shall be deemed to be a decree of a
Civil Court. Hence, execution can be levied only in the Alipore Court
following the procedure prescribed in the Code of Civil Procedure.
We have also heard Mr. Sen and Mr. Bag, learned Counsel
appearing for some of the respondents. They say that the original records in
the Alipore Court are not traceable. Hence, it would have been useless to file
the execution proceedings in the Alipore Court. Having no choice, the
proceedings for execution were instituted in this Court. Learned Counsel
further say that they would rely on authorities and advance further
argument on this point.
Today is the penultimate day before the Puja Vacation. We can only
hear the matter at length after the vacation. However, we are of the view that
learned Advocate General has made out a prima facie case.
Accordingly, let this matter be listed on October 27, 2025 under
the appropriate heading.
Till the end of October, 2025 or until further order, whichever is
earlier, no effect shall be given to the order dated September 11, 2025
impugned in this appeal.
Since we are in seisin of this appeal, we are sure that the Learned
Single Judge shall defer hearing of the execution application till we decide
the issue of jurisdiction.
(ARIJIT BANERJEE, J.)
(OM NARAYAN RAI, J.)
R.Bhar
