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Calcutta High Court · body

2025 DAILYLAW 42508 (CAL)

METROPOLITAN ENGINEERS CO-OP. SOCIETY LTD AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/23167/2023 · 2025-01-16

Kausik Chanda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.01.2025 Sl. No. 162 AKG Ct. 15 WPA 23167 of 2023 Metropolitan Engineers’ Co-operative Society Ltd. & Anr. -vs- The State of West Bengal & Ors. Mr. Amritam Mandal, Ms. Shipra Naskar …for Petitioner Mr. Srijan Nayak, Mr. Ankit Sureka …for Registrar, Co-operative Societies, W.B. Mr. Indranil Roy, Mr. Tapas Kr. Mondal …for the State Mr. Arindam Chattopadhyay …for DPSC, Nadia This writ petition is clearly barred by limitation. Admittedly, the writ petitioner society gifted a landed property in favour of respondent no. 10 by a gift dated December 19, 1988. The petitioner allege that respondent no. 9 following the gift deed took possession of 0.8 decimal of land though only 0.5 decimal of land was transferred by the gift deed. It is the case of the school that they have constructed the building within the gifted land area. This disputed fact cannot be adjudicated by this Court. In that view of the matter, I am not inclined to entertain this writ petition for recovery of land possession. I am also not inclined to entertain this writ petition after about 25 years from the date of execution of the gift deed. 2 Accordingly, WPA 23167 of 2023 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)