Md Shariful Islam v. State Of West Bengal And ORS.

SK Ct. No. 18 23.03.2021 W.P.A. No. 6789 of 2021 (Via Video Conference) Md. Shariful Islam Vs.

The State of West Bengal & Ors.

Md. Younush Mondal ... For the petitioner. Mr. Chandi Charan De, Ld. AGP, Ms. Reshmi Rahaman ... For the State respondents.

Affidavit of service filed in Court today be kept with the record.

The petitioner is apprehensive that the possession of his lands comprised in C.S./R.S. Plot Nos. 543, 566, 567 and 567/1555 under Mouza Arjullapur, J.L. No. 20, Police Station Deganga would be taken up by the State authorities without due process of law.

It appears from the record that the Special Land Acquisition Collector, 24 Parganas (North), Barasat, the respondent no. 3 herein by his Memo bearing No. 1373 LA(N)/BST/RTI/G.Misc. 551(18) dated April 25, 2018, which is appearing at page 20 of the writ petition being 'Annexure P5' has informed the petitioner that his said lands are no way involved in any L.A. case.

That being the position, the apprehension of the petitioner has no basis. Needless to say that the lands of a citizen cannot be taken by the State without any due process of law.

W.P.A. 6789 of 2021 is disposed of with the above observation.

Since no affidavit-in-opposition has been invited the allegations made in the writ petition are deemed to have been denied by the respondents.

No order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)