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2025 Supreme(Online)(Cal) 3460

CALCUTTA HIGH COURT
Partha Sarathi Sen, J
Kamal Basfore – Appellant
Versus
The North Frontier Railway – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Biplab Kumar Sengupta, Mr. Uday Sankar Sarkar, Mr. Chayan Moni Bhowal, Mr. Avimannu Das
For the Respondents: Mr. Sudipto Kumar Mazumder, DSGI, Mr. Sourab Kar

Table of Content
1. overview of the judicial proceedings and the appeals made. (Para 1 , 2 , 3)
2. arguments concerning the implications of prolonged occupation and adverse possession. (Para 4 , 5 , 6 , 7)
3. court's observations on compliance with natural justice and justification of possession. (Para 8 , 9)
4. finding on interference opportunities in appellate decisions. (Para 10)
5. final rulings and affirmation of the lower court's decisions. (Para 11 , 12)

1. The subject matter of instant revisional application is the judgment and order dated 09.12.2024 as passed by the learned Additional District Judge, 2nd Court, Darjeeling in Misc. Appeal no. 55 of 2024 whereby and whereunder the said appellate court while dismissing the said Misc. Appeal no. 55 of 2024 affirmed the judgment and order dated 01.05.2024 as passed by the Estate Officer who is the opposite party no. 4 herein.

2. On perusal of the entire materials as placed before this Court and after hearing the learned Advocates for the contending parties it reveals that pursuant to a judgment and order dated 03.01.2024 as passed by a co-ordinate Bench of this Court in WPA 3275 of 2022 the Estate Officer served notice upon the petiti

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