Ms. Mahjabeen Bano And ORS. v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 83 09.12.2024 Sc Ct. no.2 WPA 18191 OF 2024 -------------- Ms. Mahjabeen Bano & Ors.

Vs.

State of West Bengal & Ors.

Mr. Shaunak Ghosh Mr. Ratul Deb Banerjee.

.... For the Petitioners Mr. Chandi Charan De, AGP Mr. Anirban Sarkar Ms. Reshma Chatterjee.

.... For the Respondents Affidavit-of-service, filed in Court today, is taken on record.

Mr. Ratul Deb Banerjee, learned counsel led by Mr. Shaunak Ghosh, learned counsel appears for the petitioners.

Mr.

Chandi Charan De, learned Additional Government Pleader appears for the respondents State. Referring to Annexure-P2 at page 15 to the writ petition learned counsel for the petitioners submits that, an application under Section 18 of the Land Acquisition Act, is pending before the respondent no.2 since long.

In view of the above, the respondent no.2 is directed to take a decision on the said Section 18 application of the petitioners strictly in accordance with

law positively within a period of eight weeks from the date of communication of this order and shall communicate the same to the petitioners within the said period.

It is made clear that this Court has not gone into the merits of the said Section 18 application of the petitioners and the jurisdictional authority shall decide the same independently in accordance with law. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 18191 of 2024 stands disposed of, without any order as to costs.

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

(Aniruddha Roy, J.)