Mofidul Biswas v. The State Of West Bengal And ORS.

13.11.2024

IN THE HIGH COURT AT CALCUTTA

Ct. No. 2 Constitutional Writ Jurisdiction Sl. No. 18 Appellate Side Moumita/sm WPA 25292 of 2024 Mofidul Biswas Vs The State of West Bengal & Ors.

Mr. Samiran Giri ...... for the Petitioner Mr. Soumitra Bandopadhyay Mr. Subhasis Bandopadhyay ....for the State/respondent Affidavit-of-service, filed in Court today, is taken on record.

Mr. Samiran Giri, learned advocate appears for the petitioner.

Mr. Subhasis Bandopadhyay, learned State Counsel appears for the respondents.

The sole grievance of the petitioner in this writ petition is that with regard to the acquisition of the subject plot of land, the petitioner has sought for the details and particulars through its application dated May 21, 2024 Annexure P16 at page 77 to the writ petition. The reply came from the State Public Information Officer and Special Land Acquisition Officer dated June 25, 2024 that the information sought is not available in the office the Annexure P17 at page 78 to writ petition.

When an information has been sought for from an appropriate State authority which is within the domain of such appropriate State authority, the State authority cannot take the plea that information is not available in office.

Accordingly, the respondent no. 7 is directed to provide the information to the petitioner in terms of its application dated May 21, 2024 Annexure P16 at page 77 to the writ petition with the relevant records and documents positively within a period of four weeks from the date of the communication of this order.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

On the above terms this writ petition WPA 25292 of 2024 stands disposed of, without any order as to costs.

(Aniruddha Roy, J.)