ACHYUTNANDA MISHRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application being No. 494 (W) of 2003 was initially filed by two petitioners viz. Achyutnanda Mishra and his mother Shyama Sundari Mishra with prayers including prayer (f) of the writ application an interim order to the effect of injunction restraining the respondents from constructing any building for any other purpose and/or transferring, alienating the lands in disputes to any other body and further restraining them from damaging standing jute crops of petitioners. An interim order in terms of prayer (f) was passed and subsequently extended. State respondents No. 1, 4 and 7 filed affidavit in opposition dated 28.4.2003 against the writ application. An affidavit in reply was filed by petitioners on 7.5.2003. During pendency of the writ application the petitioners filed a contempt application being No. W.P.C.R.C. 6222 (W) of 2004 which has been dismissed as infructuous on 12.9.2012. C.A.N. 3199 of 2007 was filed for addition of party to legal representatives of petitioner No. 2 Shyama Sundari Mishra due to her death and said prayer was allowed on 22.8.2007. Since no one appeared for the petitioner on 16.7.2013 this writ application No. 494 (W) of 2003 was dismissed for default. Subsequently, petitioners filed C.A.N. 11818 of 2013 for recalling the said dismissal order and restoration of the writ application. On 4.4.2014 said C.A.N. 11818 of 2013 has been allowed and the writ application has been restored to the file. In said order dated 4.4.2014 order has been passed for hearing this W.P. No. 494 (W) of 2003 along with C.A.N. 3621 of 2012. Accordingly, both the matters have been heard in presence of learned counsels for both the parties. Be it mentioned that on 4.4.2012 the petitioners have filed C.A.N. 3621 of 2012 for passing appropriate order directing the respondents to declare award for the acquired property upon initiation of fresh proceeding under the Land Acquisition Act of 1894 and/or relinquish the excess land from acquisition and restore back the ownership of the lands measuring 29 cottahs (21000 Sq.ft.) in plot No. 353 of mouja Garh Moyna with the petitioner No. 1 upon extinguishment of lease.

(2.) In these two litigations, matters of requisition and acquisition of 1.660 acres of land in plot Nos. 423 to 426, 353 to 355, 357 to 359 and 407 of mouja Garh Moyna under P.S. Moyna of the District East Midnapore for construction of Prajabarh Bhagwanpur Arankiarana Public Road in connection with L.A. Case No. 117 of 1977-78 are involved. In the writ application W.P. 494 (W) of 2003 petitioners have made substantive prayers for derequisition and delivery back the possession of the land in question in their favour and/or withdrawal and cancellation of the order of acquisition of the land in question in L.A. Case No. 117 of 1977-78 and/or denotify the lands found excess after completion of the project.

(3.) Some undisputed facts involved in these two matters as reveals from materials on record and arguments of learned counsels are mentioned hereunder:-