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Judgment
Sabyasachi Bhattacharyya, J
Affidavit-in-opposition filed in Court today be taken on record.
On consent of parties, the writ petition itself is taken up for hearing, along with the connected application for appropriate order.
The grievance of the writ petitioners is that a notice for demolition of the property-in-dispute was sent under the Ancient Monuments and
Archaeological Sites and Remains Act, 1958 in the name of a wrong person, whereas the petitioners are the developers of the property, having real
interest in the property-in-dispute.
Learned counsel appearing for the Archaeological Survey of India submits that the name in which the notice was sent is actually the nick-name of one
of the petitioners and as such the said notice was issued properly.
However, in the absence of any proof as to the name in which the notice was issued, being Bablu Ray Chowdhury, being the nick-name of one of the
present petitioners or the owner of the property, it is palpably clear that the notice itself was bad on that score alone.
Accordingly, W. P. No. 24146(W) of 2019 along with CAN 1553 of 2020 are disposed of by setting aside the impugned notice, which is annexed as
Annexure- P5 of the writ petition, with liberty to the Archaeological Survey of India to issue a fresh notice on the present petitioners and/or any other
interested person, under the 1958 Act, granting the petitioners and such other noticees, if any, an opportunity to show cause.
Upon issuance of such show cause notice, the petitioners and other noticees, if any, would be at liberty to show appropriate cause answering the said
notice, which will be decided on merits in accordance with law by the Archaeological Survey of India upon hearing the petitioners and/or any other
interested party, if any.
The petitioners are restrained, till issuance of the show cause notice, from transferring and/or encumbering the property-in-dispute in favour of third
parties.
There will be no order as to costs.
Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.