Md. Samsuddin And ORS v. State Of West Bengal And ORS.

68 (ML) 03.01.2023 03.01.2023 Ct. No.10 b.das WPA 5666 of 2022 Md. Samsuddin & Ors.

Vs.

The State of W. B. & Ors.

Md. Habibur Rahman ...for the petitioners.

Mr. Chandi Charan De Mr. H. Maity ...for the State.

Heard learned counsels for the parties.

The petitioners pray for a direction upon the concerned authority to consider the application filed by them under Section 18 of the Land Acquisition Act, 1894. Such application was filed by the petitioners on 30th November, 2021 pursuant to an order passed by a coordinate Bench of this Court on 5th March, 2013 in WP No.24839 (W) of 2012.

Learned counsel for the State respondents submits that the 3rd respondent be directed to consider the application in accordance with law.

In view of the above, the writ petition is disposed of directing the 3rd respondent to consider the application under Section 18 of the Land Acquisition Act, 1894 submitted by the petitioners on 30th November, 2021 within one month from the date of communication of this order upon affording reasonable opportunity of hearing to the petitioners, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereof. With the above directions the writ petition being WPA 5666 of 2022 is disposed of.

However, there shall 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)