Sri Sri Kripamayee Kalika Thakurani And ORS. v. First Land Acquisition Collector And ORS.

28.11.2022 28.11.2022 Ct. No.10 b.das WPA 24964 of 2022 Sri Sri Kripamoyee Kalika Thakurani & Ors.

Vs.

First Land Acquisition Collector & Ors.

Mr. Suchit Kr. Banerjee Mr. Indranil Banerjee ...for the petitioners.

Affidavit of service filed on behalf of the petitioner is taken on record.

None appears for the respondents despite service. Mr. Chandi Charan De, who usually appears for the State and is present in Court, is requested to represent the State in the matter. His appointment be regularized by the office of the learned Legal Remembrancer. The petitioner should serve copy of the writ petition alongwith all annexures thereto to Mr. De in course of this day.

Heard learned counsels for the parties.

The grievance of the petitioners is that upon acquisition of the plots of land owned by them, award was declared and deposited with the learned Special Land Acquisition Judge at Alipore.

The petitioners made an application before the learned Judge for releasing the amount. But no order has been passed by the learned Judge till date.

Upon consideration of the submission made on behalf of the parties, this Court is inclined to hold that since the award declared in favour of Asim Kumar Mukherjee in respect of the plots in question is deposited with the learned Special Land Acquisition Judge at Alipore, as submitted on behalf of the State respondents and since an application for releasing the said amount is also pending before the said learned Judge, the learned Judge is requested to consider the prayer of the petitioners and release the said award in favour of the representatives of the petitioners within one month from the date of communication of this order, upon the petitioners substantiating their claim before the learned Judge. With the above observations and directions, the writ petition being WPA 24964 of 2022 is disposed of. However, there shall be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)