Tamjid Hossain Khan And ORS v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 33 18.3.2025 Sc Ct. no.2 WPA 5505 OF 2025 ------------- Tamjid Hossain Khan & Ors.

Vs.

State of West Bengal & Ors.

Mr. Partha Pratim Roy Mr. Sarbananda Sanyal.

....For the Petitioners Ms. Sabnam De Bardhan Ms. Rupsha Chakraborty.

....For the Respondent Nos. 1 to 8/State Mr. Debajyoti Deb Mr. Tamal Ghosh Ms. Somdyuti Parekh.

....For the Respondent No.9 Affidavit-of-service, filed in Court today, is taken on record.

Mr. Partha Pratim Roy, learned advocate with Mr. Sarbananda Sanyal, learned advocate appears for the petitioners.

Ms.

Sabnam De Bardhan, learned Junior Government Advocate appearing with Ms. Reshma Chatterjee, learned State Advocate for the respondent nos. 1 to 8 submits a bunch of reports, inter alia, dated March 12, 2025 under the signature of the jurisdictional Assistant Engineer, dated March 16, 2025,- issued by the Inspector-in-Charge of the local Police Station and dated March 12, 2025, issued by the jurisdictional BL&LRO, the same are taken on record.

Mr. Debajyoti Deb, learned advocate appears for the respondent no.9.

The parties jointly submit that, March 24, 2025 is the date fixed for hearing of the proceeding under SubSection (4) to Section 10 of the West Bengal Highways Act, 1964 before the jurisdictional appellate authority. In view of the above, the jurisdictional appellate authority shall conclude the proceeding by passing a reasoned order in accordance with law on the basis of the plea already taken by the parties thereto before it on the same day or if the hearing is extended by the parties then positively within a period of three weeks from March 24, 2025. The parties then shall collect the reasoned order from the office of the jurisdictional appellate authority. It is made clear that, this Court has not gone into the merits of the rival claims of the parties. The appeal shall be heard and disposed of on the basis of the plea already taken by the parties thereto before the appellate authority.

The jurisdictional appellate authority while disposing of the pending appeal shall proceed independently on the merit of the appeal and without being influenced by observation, if any, made by this Court.

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

The writ petition, WPA 5505 of 2025 stands disposed of without any order as to costs.

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

(Aniruddha Roy, J.)