Ananda Modak v. Union Of India And ORS.

24.01.2024

IN THE HIGH COURT AT CALCUTTA

Ct. no.654 CONSTITUTIONAL WRIT JURISDICTION Sl. No.97 sn ,, WPA 2593 of 2023 (Specially Assigned) , Ananda Modak Vs.

Union of India & Ors.

,, Mr. Niraj Gupta ..for the petitioner Mr. Chandi Charan De Mr. Anirban Sarkar ..for the State Ms. Rama Ghosh Dastidar ..for the U.O.I.

Affidavit of service filed by the petitioner is taken on record.

This is an application under Article 226 of the Constitution of India filed by the petitioner for a direction upon the respondent no.7, Special Land Acquisition Officer, Purulia to hand over a copy of the award passed in LA /Addl/24 of 2019-20/NH/32 being Award no.2. Mr. Niraj Gupta, learned advocate for the petitioner submits that the award in respect of the acquisition of the land in question has been passed amounting to Rs.15,47,569/- and the same has been transferred to the bank account of the petitioner. The petitioner through his learned advocate made a representation for getting copy of the award on 29th August, 2022, however, no copy of the award has been handed over to the petitioner till date. He seeks for appropriate directions upon the respondent

no.7, Special Land Acquisition Officer, Purulia for handing over a copy of the award to the petitioner. Mr. Anirban Sarkar, learned advocate for the State respondents as well Ms. Rama Ghosh Dastidar, learned advocate for the Union of India submits that direction may be passed upon the respondent no.7, Special Land Acquisition Officer, Purulia for handing over a copy of the award to the petitioner.

Upon hearing the learned advocates for respective parties and considering the materials on record, the Special Land Acquisition Officer, Purulia, being the respondent no.7, is directed to hand over a copy of the award to the petitioner in accordance with law within a period of one month from the date of communication of a copy of this order.

The learned advocate on record for the petitioner is directed to communicate this order along with a copy of the advocate's letter dated 29.08.2022 to respondent no.7, Special Land Acquisition Officer, Purulia. Since no affidavit has been invited, allegation contained in the writ petition shall be deemed not to have been admitted.

It is made clear that the Court has not gone into the merits of the case.

With the above directions, this writ petition being WPA 2593 of 2023 stands disposed of along with all connected applications, if any.

There will be, however, no order as to costs. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

Urgent photostat copy of this order, if applied for, be given to the parties upon compliance of necessary legal formalities.

(Bivas Pattanayak, J.)