Md. Sabir Ali Mondal v. The State Of West Bengal And ORS.

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 24218 of 2024 Md. Sabir Ali Mondal VS The State of West Bengal & Ors.

04.10.2024 (Item No. 16) (AB) Mr. Mukteswar Maity Ms. Manika Sarkar Ms. Nupur Chowdhuri .... For the petitioner Mr. Soumitra Bandyopadhyay Mr. Srikanta Paul .... For the State respondents Mr. Soumabha Ghose Mr. Samriddha Sen Mr. Saaquib Siddiqui .. For respondent WBHIDCO Affidavit of service filed in Court today is taken on record.

Mr.

Mukteswar Maity, learned advocate appears for the petitioner.

Mr. Soumitra Bandyopadhyay, learned State counsel appears for respondent Nos. 1, 2 and 5. Mr. Soumabha Ghosh, learned counsel being ably assisted by Mr. Samriddha Sen, leaned counsel appears for respondent Nos. 3 and 4.

The sole grievance of the petitioner is that, R.S. Dag Nos. 314 and 315 at Mouza - Noapara though were outside the New Town Project but within planning area as would be evident from annexure P-8 at page 91 to the writ petition, whether have been acquired following the due process of law or

not. The petitioner claims these two are the plots of the petitioner.

In view of the above, the petitioner has submitted a representation dated August 19, 2024, annexure P-9 at page 92 to the writ petition but the same has not been attended.

In view of the above, the respondent No. 3 and/or the appropriate authority of WBHIDCO by way of a written communication with supportive material, documents and records shall inform the petitioner whether these two plots, as referred to above, have been acquired following the due process of law or not. This exercise shall be carried out by the respondent No. 3 and/or such appropriate authority as directed herein positively within a period of six 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. 24218 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.)