Aloke Mondal And ORS. 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. 37 Moumita WPA 2303 OF 2024 Aloke Mondal and Ors.

Vs.

The State of West Bengal & Ors.

Mr. Sadhan Kr. Haldar Mr. A.K. Sarkar .... For the Petitioners Mr. Ayan Banerjee Mr. Debapriya Chatterjee ....For the State Affidavit-of-service, filed in Court today, is taken on record.

Mr. Sadhan Kumar Ghosh, learned advocate appears for the petitioner.

Mr. Ayan Banerjee, learned advocate appears for the respondents.

The sole grievance of the petitioner is that the proceeding pending under Section 18 of the Land Acquisition Act 1894 has not yet been disposed of which was filed in connection with LA Case No. 17(R)/1991-92 annexure P-6 at page 23 to the writ petition. In view of the above, the respondent no. 3 is directed to refer the matter before the jurisdictional Civil Court positively within a period of three weeks from the

date of the communication of this order in accordance with law, if the same is not barred by limitations. In the event, the reference is made and the jurisdictional Civil Judge receives the reference under Section 18 of the said Act 1894, the jurisdictional Civil Judge is requested to dispose of the same after affording an opportunity of hearing to the interested parties and by a reasoned order passed in accordance with law as expeditiously as possible, without grating unnecessary adjournment to the parties.

It is made clear that this Court has not gone into the merits of the Section 18 proceeding and the petitioner and other interested parties shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon before the jurisdictional Civil Judge.

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 2303 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.)