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Calcutta High CourtWPA/18220/2024disposed

Rekha Bhadra @ Rekha Nandi And ORS. v. State Of West Bengal And ORS.

2024-12-09Hon'Ble Justice Aniruddha Roy2 pages

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 85 09.12.2024 Sc Ct. no.2 WPA 18220 OF 2024 -------------- Smt. Rekha Bhadra @ Rekha Nandi & Ors.

Vs.

State of West Bengal & Ors.

Mr. Ratul Deb Banerjee.

.... For the Petitioners Mr. Ayan Banerjee .... For the Respondents State Affidavit-of-service, filed in Court today, is taken on record.

Mr. Ratul Deb Banerjee, learned counsel appears for the petitioners.

Mr. Ayan Banerjee, learned State counsel appears for the respondents State through virtual mode. This order shall be effected subject to payment of remaining seven individual court fees to be paid by the petitioners.

Referring to Annexure-P4 at page 17 to the writ petition learned counsel for the petitioners submits that, an application filed 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 18220 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.)