Rana Krishna Mazumder v. State Of West Bengal And ORS.

September 13, 2022 ARDR (26) WPA 4202 of 2022 Rana Krishna Mazumder Vs.

The State of West Bengal & Ors.

Mr. Dyutiman Banerjee, ...for the petitioner.

Mr. Supratim Dhar, ...for the State.

Supplementary affidavit filed by the petitioner is taken on record.

It is contended on behalf of the petitioner that being aggrieved by the quantum of award granted in favour of the petitioner in lieu of acquisition of land belonging to the petitioner, the petitioner filed an application under Section 18 of the Land Acquisition Act, 1894 before the Collector for reference of the said application to the competent Civil Court for determination of the award of compensation, the petitioner is entitled to. The petitioner complains that the said application has not been referred till date though it was filed on 18th May, 2007 and received by the respondent authorities on the same day.

It is submitted on behalf of the State respondents that the 2nd respondent be directed to refer the application to the competent Civil Court.

In view of the above, the writ petition is disposed of directing the 2nd respondent to refer the application filed by the petitioner under Section 18 of the Land Acquisition Act,

1894 to the competent Civil Court within four weeks from the date of communication of this order.

With the above directions, WPA 4202 of 2022 is disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J.)