Amitava Chatterjee Vs. West Bengal Financial Corporation and ors. - Court Judgment

Excerpt:

.....about 1.79 acres being r. s. plot nos.419 and 420, r. s. khatian no.47, j. l. no.104, mouza tiakati, p. s.- english bazar, district-malda, at the factory site of m/s. alo rerolling mill (pvt.) ltd.. the writ petition was admitted by a learned judge of this court by order dated 17th june, 2009. affidavits were called for and the writ petition was directed to be listed for final hearing in the month of september, 2009. the corporation did not file any counter-affidavit. the writ petition was taken up for consideration by this court on 6th april, 2010 when a prayer for extension of time to file affidavit-in opposition was made on behalf of the corporation. time was extended by two weeks from that date subject to payment of 60 gms to the petitioner. the writ petition was directed to be listed in the monthly list of may, 2010. today, the writ petition has been taken up for consideration. mr. basu, learned advocate representing the corporation submits that the file in question could not be traced and hence instructions could not be provided to draw the counter-affidavit. he prays for further time. this court finds no reason to grant the prayer. the writ petition has been pending for.....

Judgment:

The grievance of the petitioner is that despite tendering payment in full to the West Bengal Financial Corporation in terms of order dated 8th March, 2010 passed by this Court while disposing of W. P. No.3497 (W) of 2000, it has failed to execute and register the deed of conveyance in respect of the entire landed property measuring about 1.79 acres being R. S. Plot Nos.419 and 420, R. S. Khatian No.47, J. L. No.104, Mouza Tiakati, P. S.- English Bazar, District-Malda, at the factory site of M/s. Alo Rerolling Mill (Pvt.) Ltd.. The writ petition was admitted by a Learned Judge of this Court by order dated 17th June, 2009. Affidavits were called for and the writ petition was directed to be listed for final hearing in the month of September, 2009.

The Corporation did not file any counter-affidavit. The writ petition was taken up for consideration by this Court on 6th April, 2010 when a prayer for extension of time to file affidavit-in opposition was made on behalf of the Corporation. Time was extended by two weeks from that date subject to payment of 60 GMs to the petitioner. The writ petition was directed to be listed in the monthly list of May, 2010.

Today, the writ petition has been taken up for consideration. Mr. Basu, learned Advocate representing the Corporation submits that the file in question could not be traced and hence instructions could not be provided to draw the counter-affidavit. He prays for further time. This Court finds no reason to grant the prayer.

The writ petition has been pending for over a year. The petitioner ought not to be asked to wait indefinitely. The statements made in the writ petition have not been controverted. Moreover, it appears from the letter of the Corporation at page 52 of the petition that requisite payment as per order of the High Court has been completed in full.

In view thereof, the petitioner is entitled to order as prayed for. There shall be an order in terms of prayer (a) of the petition. The Corporation shall proceed to comply with the order as early as possible but not later than six weeks from date of receipt of a copy of this order. The writ petition is allowed without any order for costs.

Urgent certified photocopy of this order be made available to the parties, if applied for, upon compliance of all requisite formalities.