Giyasuddin Mondal Vs State of West Bengal & Ors. — Calcutta HC (2024) — LawSathi Research

Giyasuddin Mondal Vs State of West Bengal & Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

CAN 1 of 2025 allowed; judgment and order dated August 22, 2024 modified on consent - competent authority of the State including the Collector, Murshidabad to take steps in terms of the direct purchase policy (Memo No. AS1295-LA/9R-97/23 dated 16.10.2023) and complete the process, including payment to the writ petitioner, within four months of receipt of the server copy; on default, this order automatically stands recalled and the paragraph 24 directions of the earlier judgment automatically stand revived.

Issue for consideration

Whether the judgment and order dated August 22, 2024 passed in WPA 31114 of 2014 should be modified so that payment is made in terms of the direct purchase policy (Memo dated 16.10.2023), in place of a fresh compensation determination under the 2013 Act.

Court's answer

On consent of the parties, the judgment and order dated August 22, 2024 is modified: the competent authority of the State, including the Collector, Dist.- Murshidabad, is to take steps in terms of the direct purchase policy being Memo No. AS1295-LA/9R-97/23 dated 16.10.2023 and complete the said process, including payment to the writ petitioner, within four months from receipt of the server copy of the order.

Ratio / Principle

In case payment in terms of the direct purchase policy is not made within the indicated period, the modification order shall automatically stand recalled and the directions contained in paragraph 24 of the judgment dated August 22, 2024 shall automatically stand revived.

Detailed headnote1 paragraphs

Modification application (CAN 1 of 2025) in WPA 31114 of 2014: By its judgment dated August 22, 2024 the Court had directed the competent authority of the State, namely the Collector, Murshidabad, to initiate a fresh proceeding under the 2013 Act, determine compensation in respect of the plot in question and pay the same, within four months. The State thereafter took a decision to make payment under its direct purchase policy vide Memo No. AS- 1295-LA/9R-97/23 dated 16.10.2023, and the writ petitioner signified readiness to accept such payment within a stipulated time. On consent of the parties, the earlier judgment was modified: the competent authority including the Collector, Dist.- Murshidabad is to take steps under the direct purchase policy and complete the process, including payment to the writ petitioner, within four months of receipt of the server copy of the order; upon failure, the modification order automatically stands recalled and the directions in paragraph 24 of the judgment dated August 22, 2024 automatically stand revived. CAN 1 of 2025 allowed. (Hiranmay Bhattacharyya, J.)

24.07.2025 Sl. No. 340 Ct No. 6 SG

WPA 31114 of 2014 CAN 1 of 2025

Giyasuddin Mondal Vs

State of West Bengal & Ors.

Mr. Amit Kumar Pan,

Ms. Tanusri Santra.

…for the petitioner

Mr. Chandi Charan De, ld AGP

Mr. Anirban Sarkar.

…for opposite party

Re: CAN 1 of 2025

This is an application praying for modification of the judgment and order dated August 22, 2024 passed in WPA 31114 of 2014. By the judgment dated August 22, 2024 this Court passed the following order:-

“24. This court, therefore, directs the competent authority of the State, namely, the Collector, Murshidabad to initiate a fresh proceeding under the 2013 Act and to determine the compensation and pay the same to the writ petitioner(s), if they are so entitled or to any other person who may be interested in the compensation amount in respect of the plot in question. The entire exercise shall be completed as expeditiously as possible but positively within a period of four months from the date of receipt of the server copy of this order.”

Mr. De, learned Additional Government Pleader

submits that in the meantime the decision has been taken to make payment in terms of the direct purchase policy vide Memo No. AS- 1295-LA/9R-97/23 dated 16.10.2023.

Mr. Pan, learned Advocate appearing for the petitioner-opposite party in the application submits upon

2

instruction that the writ petitioner/opposite party herein is ready to accept the payment in terms of the aforesaid direct purchase policy if the payment is made within a specified time limit.

Mr. De, learned Additional Government Pleader submits all steps in terms of the direct purchase policy including the payment thereof shall be completed within four months from the date of receipt of the server of copy of this order.

In view thereof, the judgment and order dated August 22, 2024 is modified on consent of the parties by directing the competent authority of the State including the Collector, Dist.- Murshidabad shall take steps in terms of the direct purchase policy being Memo No. AS1295-LA/9R-97/23 dated 16.10.2023 and to complete the said process including payment to the writ petitioner within a period of four months from the date of receipt of the server copy of this order.

In case the payment in terms of the direct purchase policy is not made within the time indicated hereinbefore, this order shall automatically stand recalled and the directions contained in paragraph 24 of the judgment dated August 22, 2024 shall automatically stand revived.

Accordingly, CAN 1 of 2025 stands allowed.

(Hiranmay Bhattacharyya, J.)