APO No. 138 of 2011
GA 1245/2011
GA 1279/2011
WP 66/2011
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
UDAI SINGH SOLANKI
Versus
THE WEST BENGAL HOUSING BOARD & ORS.
BEFORE:
The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA
The Hon'ble JUSTICE SYAMAL KANTI CHAKRABARTI
Date : 18th May, 2011.
The Court : By consent of the parties, dispensing with all the
formalities, the appeal, after being taken on day's list, and the application
both are disposed of by the following order.
The appeal has been preferred against order of refusal to pass
interim order by the learned Trial Judge as per the wish of the appellant. The
learned Trial Judge of course passed an order to the effect that the respondent
shall abide by the result of the writ petition. We think that this sort of
interim order sometime creates problem in future unless there is some
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clarification so that both the parties can understand their position at the time
of hearing of the writ petition.
It is submitted by the learned counsel for the respondents
that as far as instruction goes, the land in question might have been allotted
to third party by this time. If it is so, then we direct that the name of the
allottee should be divulged and should be communicated to Mr. Ghosh’s Advocate
on Record who, on receipt of the same, shall be entitled to take steps in
accordance with law for adding him as a party to the proceeding. If
possession has been given by this time to the allottee as stated, the said
allottee shall not part with the possession to any third party. This order
shall be communicated to the allottee in that event by the respondents.
Therefore, we direct status quo as of date with regard to the
possession of the plot of land in question shall be maintained.
In the event the plot in question has not been dealt with by the
respondents, it would be open for the respondents to deal with the property by
making allotment following their established norm and policy. In the event the
lottery method is resorted for allotment of the subject plot of land, it would
be open for Mr. Ghosh’s client, without prejudice, to apply for the said plot of
land and the respondents shall entertain such application to participate in the
lottery without prejudice to the rights and contentions of the parties.
In the event Mr. Ghosh’s client is allotted land in such lottery
method, the Court may pass appropriate orders at the time of final hearing of
the writ petition.
In case of the appellant being unsuccessful, allotment of this
plot to third party will abide by the result of the writ petition and in that
case the name of the successful allottee should be supplied to Mr. Ghosh’s
client.
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If the discretionary quota is resorted to, in that case also the
name of the allottee shall be supplied to Mr. Ghosh’s client to enable him to
take steps in accordance with law.
All parties concerned are to act on a signed photocopy of the
order on the usual undertakings.
(KALYAN JYOTI SENGUPTA, J.)
(SYAMAL KANTI CHAKRABARTI, J.)
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