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2023 Supreme(Cal) 506

C. R. DASH, PARTHA SARATHI SEN
Indian Oil Corporation Limited – Appellant
Versus
Paromita Bag – Respondent


Advocates Appeared:
For the Appellants : Mr. Jishnu Saha, Sr. Adv., Mr. Puspendu Chakraborty.
For the Respondents: Mr. Debabrata Saha Roy, Mr. Pingal Bhattacharyya, Mr. Subhankar Das, Mr. Neil Basu, Mr. Sankha Biswas.

JUDGMENT :

Partha Sarathi Sen, J.

1. In this intra-court appeal, the order dated November 14, 2019 as passed in WP. 17998(W) of 2019 by the Hon’ble Single Bench of this Hon’ble High Court in a proceeding under the provisions of Article 226 of the Constitution of India has been assailed. By the impugned order, Hon’ble Single Bench allowed the writ petition of the writ petitioner who is the respondent No.1 herein and thereby set aside and quashed the letter dated August 26, 2019 as issued by the present appellant/ Indian Oil Corporation Limited hereinafter referred to as the ‘Oil company’ with a direction to the Oil Company to accept the land offered by the respondent no.1/writ petitioner and proceed with the application of the Writ Petitioner/Appellant in accordance with Law. The appellant/Oil company felt aggrieved and thus preferred the instant appeal.

2. For effective disposal of the instant appeal, the facts leading to filing of the aforementioned writ petition by the present respondent no.1 before the Hon’ble Single Bench is required to be discussed in a nutshell.

3. Pursuant to an advertisement as published in a newspaper, the writ petitioner/the respondent no.1 herein has applied

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