- (1.) The Court : The grievance of the petitioner is that the Land Acquisition Collector by a notice dated 18th August, 2011 tried to take possession of premises no. 2, Gobinda Auddy Road, P.S. Chetla, Kolkata-700 027, although the notice refers to premises no. 44A, Jainuddin Mistry Lane, known as No. 143, KIT, in Ward No. 8 of Kolkata Municipal Corporation. It appears that in the notice dated 18th August, 2011, the name of one of the occupants is M/s. Shyam Behari Lubricating Oil Company which happens to be the proprietorship concern of the present writ petitioner. The petitioner contends that the petitioner has no connection with the premises no. 44A, Jainuddin Mistry Lane. The State respondents submits that the Land Acquisition Collector has not taken possession of any property belonging to the petitioner situated at Gobinda Auddy Road.
(2.) In view of the aforesaid, it is made clear that the Land Acquisition Collector should proceed in accordance with the notice dated 18th August, 2011 and the possession of the premises should be restricted to premises no. 44A, Jainuddin Mistry Lane, as specified in the notice dated 18th August, 2011. Affidavit-in-opposition be filed within one week after the vacation; reply thereto, if any, be filed within one week thereafter. The matter will appear before the regular Bench three weeks after the vacation.
(3.) The Land Acquisition Collector is directed to ensure that the premises to be taken possession of in terms of the notice is only restricted to 44A, Jainuddin Mistry Lane and if it is ultimately found that the Gobinda Auddy Road property has been taken possession of in terms of the said notice, then the Land Acquisition Collector must hand over possession of the said property to the petitioner since the premises mentioned in the notice relates to Jainuddin Mistry Lane and not the Gobinda Auddy Property. This order is passed on the assumption that the identity of the premises are different and that the premises situated at Jainuddin Mistry Lane is not the same property as that of Gobinda Auddy Road. All parties concerned are to act on signed photocopies of this order on the usual undertakings.;