Sadananda Ghosh v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 06.01.2025 Ct. no.2 M/L SL. No. 35 Moumita WPA 2167 OF 2024 Sadananda Ghosh Vs.

The State of West Bengal & Ors.

Mr. Lal Ratan Mondal .... For the Petitioner Mr. Mukteswar Maity Mr. Prabir Raj Mr. Pranab Kr. Das Ms. Nupur Chaudhuri ....For the Respondent no. 6 Affidavit-of-service, filed in Court today, is taken on record.

Mr. Lal Ratan Mondal, learned advocate appears for the petitioner.

Mr. Mukteswar Maity, learned advocate appears for private respondent no. 6.

None appears for the state.

A reference under Section 11 of Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 is pending before the learned District Judge, Purba Burdwan as would be evident from Page 24 to the writ petition. The petitioner submits that in the said reference the petitioner has also taken out an application annexure P-6 at page 25 to the writ petition.

Parties before this court prayer for expeditious disposal of the said reference.

In view of the above, the learned District Judge, Purba Burdwan is requested to dispose of the said reference pending before it arising out of LA Case No. 6 of 2023 as expeditiously as possible in accordance with law by passing a reasoned order and after grating an opportunity of hearing to the parties thereto but preferably within a period of eight months from the date of communication of this order.

It is made clear that this Court has not gone into the merits of the case of the petitioner or the private respondent no. 6 and they shall be at liberty to urge whatever points they wish to urge in the pending reference relying upon whatever records and documents they wish to rely upon.

It is made clear that this order shall not create any right or equity in favour of the petitioner and in favour of the private respondent no. 6, if they do not succeed to their respective contentions before the jurisdictional Civil Judge, strictly in accordance with law.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 2167 of 2024 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)