The petitioners sought leave to withdraw this writ petition regarding land acquisition, intending to file a fresh petition under current law. The court granted leave and dismissed the petition as withdrawn.
Leave granted to withdraw the petition with liberty to file a fresh writ petition on the same cause of action.
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29.08.2023 Srimanta Sl. No. 01 Ct. No. 42
IA No.:CAN/1/2003 (Old No.:CAN/2079/2003), CAN/2/2003 (Old No.:CAN/2080/2003), CAN/3/2003 (Old No.:CAN/2081/2003), CAN/4/2007 (Old No.:CAN/2731/2007) in
WPA/2253/1990
Kalyan Singha Gajendra Mahapatra & Ors. -Vs.-
State of West Bengal & Ors.
Mr. Sounak Bhattacharya, Mr. Sounak Mandal
…for the petitioners. Mr. Soumitra Bandyopadhyay, Mr. Aniruddha Sen, Mr. Priyabrata Batabyal …for the State. Mr. Sumit Kumar Panja, Mr. Sumit Roy
…for the WBSEDCL.
Report filed on behalf of the State respondents be taken-on-record.
It is submitted by Mr. Bhattacharya, learned Advocate on behalf of the petitioners that the instant writ petition relates to acquisition of land under Act II of 1948. The said Act is repealed. In order to save some parts of the said Act Land Acquisition (West Bengal Amendment) Act came into force inserting Section 9(3A) and (3B) in Act I of 1894. At present, Act I of 1894 is repealed by Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and resettlement Act, 2013. Under such circumstances, it is submitted by Mr. Bhattacharya that the petitioners want to withdraw the instant writ petition with leave to file a fresh writ petition on the selfsame cause of action.
2
Leave is granted.
The instant writ petition be dismissed as withdrawn.
Written instruction submitted by the petitioners be taken on record.
(Bibek Chaudhuri, J.)
1 issue framed by the court
Whether to grant leave to the petitioners to withdraw the writ petition and file a fresh petition on the same cause of action.
2 provisions across 2 enactments
Kalyan Singha Gajendra Mahapatra & Ors.
State of West Bengal & Ors.
WBSEDCL
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
