N.K.Mitra, KALYAN JYOTI SENGUPTA
Harisadhan Bandopadhaya – Appellant
Versus
State of West Bengal – Respondent
The Court: After hearing the learned Advocates for the petitioners and the learned Advocate for the State respondents and considering the facts and circumstances of the s. 5 application, we find that sufficient grounds have been made out by the petitioners for condoning the delay in preferring the appeal. According, the delay in preferring the appeal is condoned and the application is allowed and the appeal now be registered if it is otherwise in form subject however on payment of costs and the hearing fee assessed at 20 gms. to be paid by the appellant petitioners to the learned Advocate for the State respondents within 7 days from date. In default the order for condonation of delay will stand recalled and the interim order already granted shall stand vacated.
2. Re : Application for injunction on dt. 11.8.97.
3. After the delay in preferring the appeal is condoned, both the appeal and application for injunction are taken up together by consent of parties and are disposed of in the following manner :-
4. In view of the fact that some lands had been transferred by the original raiyat in favour of the writ petitioners might be his heirs, in 1959 and 1966, under no stretch of im
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