Dismissed

District Primary School Council and Anr. v. MD Soriful Islam and Ors.

Calcutta HC1 Mar 2023MAT/797/2022

Case brief

AI extract

What is this about?

The court dismissed appeals challenging writ decrees. It relied on the Special Land Acquisition Collector's report confirming that the petitioners were land losers in the exempted category, finding no infirmity in the lower court's order aggrieved by the absence of requested certificates. Disposition was dismissal.

What did the court decide?

Writ decrees MAT 797/2022, MAT 798/2022, MAT 799/2022, MAT 804/2022 and MAT 810/2022 with common application CAN 1/2022 were dismissed.

District Primary School Council and Anr. Vs MD Soriful… — Land Acquisition | Calcutta HC (2023)

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6-10 Court No. 11 01.03.2023 G.S.Das

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MAT/797/2022

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DISTRICT PRIMARY SCHOOL COUNCIL AND ANR VS

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MD SORIFUL ISLAM AND ORS IA NO: CAN/1/2022

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wt9

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MAT/798/2022

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DISTRICT PRIMARY SCHOOL COUNCIL AND ANR VS

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HABIBUR RAHAMAN AND ORS IA NO: CAN/1/2022

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wt10

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MAT/799/2022

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DISTRICT PRIMARY SCHOOL COUNCIL AND ANR

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MD KAISAR ALI AND ORS IA NO: CAN/1/2022

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wt11

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MAT/804/2022

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DISTRICT PRIMARY SCHOOL COUNCIL AND ANR

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MD ABDUS SHAID AND ORS IA NO: CAN/1/2022

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wt12

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MAT/810/2022

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DISTRICT PRIMARY SCHOOL COUNCIL AND ANR VS

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SAMIMA KHATUN AND ORS IA NO: CAN/1/2022

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Mr. Bhaskar Prasad Vaisya Mr. Pinaki Bhattacharya

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… for the Appellants

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Mr. Swapan Kr. Datta Mr. Tapas Kr. Dey

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… for the State

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Mr. Arindam Das

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… for the Respondents

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Party/Parties is/are represented in the order of their name/names as printed above in the cause title.

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Mr. Vaisya, Learned Additional Government Pleader, appears for the appellants/District Primary School Council (North) in each of the appeals.

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Mr. Das, Learned Counsel, appears for the writ petitioners/respondents in each of the appeals.

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Mr. Datta, Learned Additional Government Pleader, appears for the State-respondents with Mr. Dey, Learned Advocate, also in each of the appeals.

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By an Order dated 28^th February, 2023 i.e., yesterday, Learned Counsel for the District Primary School Council (for short, DPSC) (North), was permitted to take instructions with regard to the Report of the Additional District Magistrate (LA), Murshidabad as filed by Learned State Counsel.

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Copies of the Report ( supra ) were handed over to both Mr. Das and to Mr. Vaisya.

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Today, when the matter is taken up for consideration, Learned Counsel for the DPSC (North) submits that he has no instruction to offer to this Court with regard to the Report of the Special Land Acquisition Officer, Murshidabad dated 23^rd February, 2023 as filed by Learned State Counsel in Court yesterday.

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However, Learned Counsel for the DPSC (North) reiterates his submission that the respondents/the writ petitioners failed to produce their land-loser certificates for Exempted Category at the time of verification of their

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documents.

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Mr. Das reiterates his submissions as recorded by the Hon’ble Single Bench that since the respondents/the writ petitioners were admittedly in possession of their land-losers certificates it cannot be said that such certificates were not produced at the time of scrutiny and verification of the documents.

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On behalf of the State, the position as reflected from the Report of the Special Land Acquisition Collector ( supra ) is reiterated.

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Heard.

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Considered the materials placed.

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In the opinion of this Court, the Report of the Special Land Acquisition Collector, Murshidabad provides the following particulars in respect of each of the respondents/writ petitioners in each of the appeals.

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The particulars read as follows:

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“However being a recommending authority for enlisting the names of land losers in the exempted category, the following relevant fact is stated below.

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1. A piece of land in mouza Paschim Diar Manikchak, JL No. 85 under P.S. Lalgola District Murshidabad was acquired from Sakhena Bewa, mother of Md. Shoriful Islam, respondent of MAT 797/2022 vide LA Case No. 99/2003-04 for construction of IBB

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road.

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2. A piece of land in mouza Paschim Diar Manikchak, JL No. 85 under P.S. Lalgola, Dist. Murshidabad was acquired from Dost Mohammad, father of Habibur Rahaman, respondent of MAT 798 of 2022 vide LA Case No. 95/03-04 for construction of IBB Road.

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3. A piece of land in mouza Paschim Diar Manikchak, JL No. 85 under P.S. Lalgola District Murshidabad was acquired from Jubeda Bibi, mother of Md. Kaisar Ali, respondent of MAT 799/2022, vide LA Case No. 98/2003-04 for construction of IBB Road.

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4. A piece of land in mouza Paschim Diar Manikchak, JL No. 85 under P.S. Lalgola District Murshidabad was acquired fromMd Abdus Shahid, the respondent of MAT 804 of 2022 vide LA Case No. 99/0304 for construction of IBB Road.

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5. A piece of land in mouza Paschim Diar Manikchak – 85 under P.S. Lalgola District Murshidabad was acquired from Md Ali Haidar, husband of Samima Khatun, respondent of MAT 810/2022 vide LA Case No. 98/03-04 for construction of IBB Road.’

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Since no contrary evidence is produced to dispute the above facts which conclusively point to the Land Losers Exempted Category Status of the Respondent No.1 in each of the appeals, this Court finds no infirmity in the order passed by the Hon’ble Single Bench.

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Accordingly, MAT 797 of 2022 along with CAN 1 of 2022; MAT 798 of 2022 along with CAN 1 of 2022; MAT 799 of 2022 along with CAN 1 of 2022; MAT 804 of 2022 along with CAN 1 of 2022 and, MAT 810 of 2022 along with CAN 1 of 2022 stand dismissed .

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All parties to act on a server copy of this order duly obtained from the official website of the Hon’ble High Court, Calcutta.

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Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

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(Supratim Bhattacharya, J.) (Subrata Talukdar,J.)

District Primary School Council and Anr. v. MD Soriful Islam and Ors.

Case brief

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District Primary School Council and Anr. v. MD Soriful Islam and Ors.

Case brief

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