09.09.2026 Item No. 05 Ct. No. 39 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 19905 of 2018 Shyama Prasad Bandopadhyay & anr. vs. State of West Bengal & ors. Mr. Bidhayak Lahiri Mr. Pradip Kumar Ghosh Ms. Bhaswati Lahiri … for the petitioners Ms. Tapasi Palit Sinha Mr. Suman Chattopadhyay … for the State Mr. Debanik Banerjee … for the KMDA 1. Affidavit-in-reply, filed on behalf of the petitioners in Court today, is taken on record. 2. Learned advocate appearing for the petitioners submits that this Court had earlier decided another case being WPA No. 19212 of 2021 (Smt. Mahashweta Halder Vs. State of West Bengal & Others) that was of the same and identical facts and issues as that of the present writ petition and the said case was decided by this Court vide judgment dated 14th January, 2026. It is further submitted that after passing the judgment in the said writ petition, the authority has not challenged the judgment and finally complied with the same. He prays for similar reliefs as granted by this Court in the present writ petition. 2 3. Learned advocate had supplied a copy of the aforesaid judgment to the learned advocate appearing for the respondents on earlier dates, who have gone through it. 4. Learned advocate appearing for the respondent KMDA submits that he does not have any knowledge whether order has been complied with or not by the Authority, however, he left the matter to the discretion of the Court. 5. Having heard the submissions of the learned advocates for the respective parties and upon perusal of the aforesaid judgment, this Court finds the facts and issues are same and identical. Therefore, there is no impediment to allow the writ petition. Consequently, this Court allows the writ petition by passing the following order:- The order of the Land and Land Reforms Department dated 26th December, 2012 and the subject notification dated 10th November, 2016 are not applicable to the petitioners’ case. Therefore, KMDA is directed to execute the necessary deed of transfer of the flat/apartment No. D-2/2 Block GD Building No. 2, Type – I of Purba Housing Complex at East Kolkata Township in favour of the petitioners within a period of twelve weeks from the date of receipt of a copy of this order. Furthermore, the petitioners 3 will be at liberty to initiate appropriate proceedings for compensation and damages against the respondents for delay, unnecessary expenses and harassment, if so advised. 6. Accordingly, WPA 19905 of 2018 is disposed of without order as to costs. Connected applications, if any, are also, thus, disposed of 7. Interim order, if any, stands vacated. 8. All parties shall act on a server copy of this order duly downloaded from the official website of this Court. 9. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties on compliance of necessary formalities. (Ajay Kumar Gupta, J.)