Judgment

H.K. Sema, J.—Heard parties.

2. This I.A. No. 4 of 2005 arises out of W.P. No. 216 of 1999 with C.A. No. 6707 of 1999 disposed of on 19.11.2004 inter alia with the following directions:–

(i) The Government may appoint a Govt. Valuer and after assessing the cost of construction, at the prevailing rate at the time of construction, (cost of land will not be included), offer the said price to respondent No. 8 and the Govt. may take over the building. In this event the Government should give to respondent No. 8 one year’s time to vacate, provided respondent No. 8 and all family members and persons residing in the bungalow file an undertaking in this Court within 8 weeks from today, that they will hand over to the Government vacant and peaceful possession at the end of one year.

(ii) Alternatively, if respondent No. 8 feels that he should receive the prevalent market value for the bungalow, he may so intimate the Government. The Government may then put the house along with the land for public auction by advertising the same in two national dailies and one local daily, if any, widely circulated in the area and offer to sell the house to the highest bidder.

(iii) In the case, as in Clause (ii), there would be two separate bids - one for the house and the other for the land. In respect of the house the reserve price should be fixed which shall not be less than the market value of a bungalow of this type at present rates. Such valuation to be fixed by the Government Valuer. The value to be based on vacant possession being delivered to the purchaser.

(iv) The price of the house fetched in the auction sale be paid to Justice B.P. Banerjee and he must within a week of receipt of the price hand over vacant and peaceful possession to the purchaser. If not delivered, the Government to ensure eviction and delivery of possession to the purchaser.

(v) The process of the aforesaid directions shall be completed within six months from the date of receipt of this order.

(vi) The Chief Secretary of the Government of West Bengal shall send the compliance report within the period stipulated.

(vii) We clarify that respondent No. 8 or his relations shall not be allowed to bid in the auction sale.

3. We may mention here that the Review Petition against the aforesaid judgment and directions was dismissed on 22.2.2005. Curative Petition was also dismissed on 30.11.2005.

4. The aforesaid directions having not been adhered to by respondent No. 8—Mr. Justice B.P. Banerjee (Retd.), this I.A. was filed by the State of West Bengal seeking the following directions from this Court :

(a) Pass appropriate directions to Respondent No. 8, Mr. Justice B.P. Banerjee (Retd.) that he should cooperate with the applicant State of West Bengal in its efforts to implement this Hon’ble Court directions passed in its judgment dated 19.11.2004; and

(b) To extend the time stipulated by this Hon’ble Court in the said judgment by a period of another 3 months time.

(c) And pass such further or other orders as this Hon’ble Court may deem just and in the circumstance of the case."

The interim order was passed by this Court on 6.5.2005 as under :

"There will be an interim order directing Justice Banerjee to allow the valuer appointed by the Government to take inspection of the bungalow. Such inspection and valuation will be subject to the result of this I.A.

Time is extended till the disposal of this I.A."

5. On 17.2.2006, a compliance report was filed by the Chief Secretary, on behalf of the Government of West Bengal. We need not adhere to the entire facts recited therein. Suffice it is to say that a public auction notice was published in two national dailies viz., The Times of India, The Statesman and in one local daily viz., Ananda Bazar Patrika.

6. The reserve price of the house was fixed at Rs. Twenty Lakhs which is the market value fixed by the Government valuer and the reserve price of land was fixed at Rs. Four Lakhs Fifty Thousand per cattah.

7. On 4.2.2006, public auction was held. There