High CourtsDIVISION BENCH(2017) 09 CAL CK 0019

Pradip Kumar Mitra vs State of West Bengal & Anr.

Calcutta High Court · Decided on 7 September 2017

HON’BLE JUDGES
Biswanath Somadder, Asha Arora
RESULT
Disposed off
CASE NUMBER
4552 of 2017

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Judgment

21 paragraphs · 255 words
1.

Even at the time of second call, the appellant remains unrepresented.

Learned advocate for the State has been directed to take instructions with

regard to the present market value of the land-in-question from the concerned

authority of the State in terms of our order dated 6th July, 2017. Such

instructions have been obtained by the learned advocate for the State, a copy

whereof may be kept on record. Perusing the same, it appears that the land value

as determined by the concerned department, amounts to Rs.66 lakhs (Rupees

sixty six lakhs only).

2.

Considering this aspect of the matter, we are of the view that the appeal

can be disposed of at this stage itself with an observation that in the event the

appellant is ready and willing to pay the market price in respect of the plot-in-

question assessed at Rs.66 lakhs (Rupees sixty six lakhs only) and such payment

is made within a period of four weeks from date, the impugned order dated 3rd

April, 2017, passed by the learned Single Judge, shall remain permanently

stayed. In default, the impugned order dated 3rd April, 2017, shall come into

effect and the concerned authority of the State shall be at liberty to proceed in

accordance with law, based on the observations and directions as contained in

the said order dated 3rd April, 2017.

3.

The appeal and the connected application stand accordingly disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the

learned advocates for the parties.