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2023 Supreme(Cal) 1508

T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Pradipta Mukherjee – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Indrajeet Dasgupta, Puspita Bhowmick
For the Respondent: Anand Farmania, Indu Mouli Banerjee
For the WBSEDCL : Srijan Nayak Rituparna Maitra

JUDGMENT :

Hiranmay Bhattacharyya, J.

1. After hearing the learned advocates for the parties on 06.07.2023 and upon considering the statements made in the affidavit in support of the application under Section 5 of the LIMITATION ACT this court was satisfied that the petitioner was prevented by sufficient cause for not preferring the instant appeal within the prescribed period of limitation and thereafter heard the learned advocates for the parties on the merits of the appeals and the judgment was reserved by the order dated 06.07.2023. In view thereof the marginal delay of 13 days in preferring the instant appeal is condoned. CAN 1 of 2023 accordingly stands allowed.

2. This Intra Court Mandamus Appeal is at the instance of the writ petitioner and is directed against a judgment and order dated March 16, 2023 passed by a learned Single Judge in WPA No. 28872 of 2022.

3. The appellant claims to have purchased a land in Mouza Muragacha under Police Station Sonarpur in the District of 24 Parganas (South) by a registered deed of sale dated 15.03.2011. In the year 2017, when the appellant started taking steps for construction of a house on the said land, it came to his notice that a high t

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