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2018 Supreme(Cal) 134

BISWANATH SOMADDER, MOUSHUMI BHATTACHARYA
Suresh Rabidas – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellant : Mr. Biswabrata Basu Mullick, Mr. Arka Bhattacharya
For the Respondents: Mr. Jaharlal De, Mr. Shamim ul Bari, Mr. Joydeep Kar, Mr. Kamal Kumar Chattopadhyay

JUDGMENT :

Biswanath Somadder, J.

1. Let the affidavit of service filed in Court today be taken on record.

In re: CAN 639 of 2018

2. This is an application under section 5 of the Limitation Act.

3. Having heard the learned advocates for the parties and upon perusing the instant application for condonation of delay, it appears that sufficient cause has been shown by the appellant/applicant to explain the delay in filing of the appeal. As such, the delay is condoned. The application for condonation of delay, being CAN 639 of 2018, is accordingly allowed.

In re: MAT 92 of 2018 with CAN 638 of 2018

4. 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.

5. The instant appeal arises out of a judgment and order dated 23rd October, 2017, passed by a learned Single Judge in WP 1676 (W) of 2017 (Suresh Rabidas vs. The State of West Bengal & Ors.). By the impugned judgment and order, the writ petition of Suresh Rabidas was dismissed. He has now preferred the instant appeal.

6. Even a bare perusal of the records reveal that the appellant/writ petitioner had acquired a leasehold interest in a land measuring an area of 2678






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