Kalabati Mandal v. State Of West Bengal And ORS.

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 23644 of 2024 Kalabati Mandal VS The State of West Bengal & Ors.

03.10.2024 (Item No. 26) (AB) Mr. Sukanta Chakraborty Ms. Janifar Alam Megha .... For the petitioner Mr. Chandi Charan De, Ld. Addl. Govt. Pleader Mr. Sanjib Das .... For the State respondents Affidavit of service filed in Court today is taken on record.

Mr. Sukanta Chakraborty, learned advocate appears for the petitioner.

Mr. Chandi Charan De, learned Additional Government Pleader appears for respondent Nos. 1 to 4.

The private respondents are not represented.

Learned counsel for the petitioner referring to an order passed by the jurisdictional Executive Magistrate dated July 22, 2021 at page 37 to the writ petition read with the order dated January 24, 2024 by the same authority at page 40 to the writ petition submits that, the respondent No. 3 has not yet furnished the report before the State authority. In view of the above, the respondent No. 3 upon notice to the petitioner and the private respondent Nos. 5 to 7 shall cause a physical inspection of the subject property, if not caused earlier in presence of the parties, and then shall

prepare a report and file the same before the jurisdictional Executive Magistrate in compliance of his direction.

This exercise shall be carried out and completed by the respondent No. 3 positively within a period of four weeks from the date of communication of this order.

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 W.P.A. 23644 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.)