D/L.19 & 20. January 28, 2025. MNS. FA No. 71 of 2025 + CAN 2 of 2024 State of West Bengal represented by the Collector, LA Burdwan Vs. Smt. Sankari Soren alias Murmu with FA No. 72 of 2025 + CAN 2 of 2024 State of West Bengal represented by the Collector, LA Burdwan Vs. Soumen Roy Mr. Ansar Mandal, Mr. Ram Chandra Guchait, Ms. Somashree Dey … for the State-appellant. Mr. Mukteswar Maity, Mr. Prabir Rej …for the respondents. Re:CAN 2 of 2024 (in connection with FA No. 71 of 2025) 1. CAN 2 of 2024, an application for stay filed in connection with FA No. 71 of 2025 by the appellant, is taken up for hearing. 2. The matter had been adjourned previously to enable the learned Advocate for the appellant to take instructions. 3. The learned Advocate for the appellant hands over a compliance report dated February 22, 2024, from which 2 it is evident that by virtue of an order passed by the Executing Court, the awarded enhanced amount of Rs.58,09,962/- has been set apart by the appellant from the Profit and Loss Account with scheme ID-4877. 4. We are convinced that a prima facie case has been made out by the appellant for hearing the appeal on merits. 5. Accordingly, CAN 2 of 2024 filed in connection with FA No. 71 of 2025 is disposed of, thereby granting stay of operation of the impugned order, subject to the appellant depositing the set-apart awarded amount of Rs.58,09,962/- with the learned Registrar General of this Court within four weeks from date. 6. Upon such deposit being made, the learned Registrar General shall deposit such amount in an interest bearing account with any nationalized bank. 7. The said deposit shall be subject to the outcome of the present appeal. 8. In view of appearance of the contesting respondent no. 1, service of notice of appeal on the said respondent is dispensed with. 9. In view of the nature of challenge, service of notice of appeal on the other respondents is dispensed with as well. 10. The appeal is treated to be ready as regards service. 3 11. The Trial Court records shall be brought by Special Messenger at the cost of the appellant, to be deposited within a fortnight from date. 12. The appellant shall prepare and file the requisite number of papers books within eight weeks from the date of service of notice of arrival of the trial court records on the learned Advocate for the appellant. 13. Liberty to the parties to mention the appeal for inclusion in the list as and when the appeal is ready for hearing. 14. The compliance report filed by the appellant be kept on record. Re:CAN 2 of 2024 (in connection with FA No. 72 of 2025) 15. CAN 2 of 2024 is an application for stay filed in connection with FA No. 72 of 2025. 16. The present appeal has been preferred against an award of enhancement of compensation payable to the contesting respondent. We find a prima facie case having been made out for hearing the appeal on merits. 17. Upon hearing learned counsel for the parties, CAN 2 of 2024 is disposed of by granting stay of the impugned enhancement award, subject to deposit of the awarded amount of Rs. 53,21,860/- by the appellant with the learned Registrar General of this Court within six weeks from date. 18. Such deposit, as and when made, shall be invested in an interest-bearing account with any nationalized bank 4 by the learned Registrar General, subject to the outcome of the appeal. 19. In view of appearance of the contesting respondent no. 1, service of notice of appeal on the said respondent is dispensed with. 20. In view of the nature of challenge, service of notice of appeal on the other respondents is also dispensed with. 21. The appeal is treated to be ready as regards service. 22. The Trial Court records shall be brought by Special Messenger at the cost of the appellant, to be deposited within a fortnight from date. 23. The appellant shall prepare and file the requisite number of papers books within eight weeks from the date of service of notice of arrival of the trial court records on the learned Advocate for the appellant. 24. Liberty to the parties to mention the appeal for inclusion in the list as and when the appeal is ready for hearing. (Uday Kumar, J.) (Sabyasachi Bhattacharyya, J.)