JUDGEMENT
Biswanath Somadder, J. -
(1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(2.) The instant appeal arises out of a judgment and order dated 12th May, 2016, passed by a learned Single Judge in WP 15618 (W) of 2010 (Sri Amar Nath Paul & Ors. vs. The State of West Bengal & Ors.)
(3.) By the said order the writ petition was disposed of upon allowing the same with the following observations:-
"For the aforesaid reasons the writ petition succeeds. This Court finds that the provisions of Section 3(2) of the West Bengal Land (Requisition and Acquisition) Act, 1948 and Rule 3 of the West Bengal Land (requisition and Acquisition) Rules, 1948 have not been complied with. The order of requisition passed in respect of the land in question cannot, therefore, be held to be valid. All subsequent steps taken for acquisition of the land in question cannot also be held to be valid. The petitioners will be entitled to approach the appropriate Authority for rectification of records.
Before parting with the case it must be recorded that this Court's time has been consumed in hearing an issue not germane, regarding whether the petitioner no.1 put his signature on the Register to obtain the payment notice. The Court expresses its displeasure at the length of Court's time consumed on this non-issue where the controversy was raised by the learned advocate for the petitioner no.1 arguing his client did not sign and the respondents arguing he did. The petitioner no.1, however, is saved from facing a charge of perjury by reason of the submissions made by the respondents
The writ petition is disposed of.";
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