Archana Mukherjee v. The State Of West Bengal And ORS.

S/L 10 08.08.2025 Court. No. 19 Sourav WPA 28293 of 2024 Archana Mukherjee Vs.

The State of West Bengal & Ors.

Mr. Dyutiman Banerjee Mr. Vishal Mallick ... for the petitioner.

Mr. Sk. Md. Galib, Sr. Govt. Adv.

Ms. Sujata Mukherjee ... for the State.

1.

The writ petitioner was aggrieved on account of inaction on the part of the respondent no. 2/authority for not acting in terms of Section 18(2) of Act I of 1894. 2.

At the time of hearing, Mr. Banerjee, learned advocate appearing on behalf of the writ petitioner submits before this Court that it is the specific case of the writ petitioner that she received the notice of acquisition from the respondent no. 3/authority on 17.11.2006 and on 18.12.2006, she submitted an application with the respondent no. 2/authority for making reference under Section 18 of Act I of 1894. However, such reference was not made by the respondent no. 2/authority and hence, the writ.

3.

Mr. Galib, learned senior government advocate in his usual fairness submits before this Court that appropriate order may be passed directing the respondent no. 2/authority to act in accordance with law.

4.

On careful perusal of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties, it appears to this

Court that the application for making reference within the meaning of Section 18 of Act I of 1894 was submitted by the writ petitioner with the respondent no. 2/authority within the time as specified in the said Section.

5.

In view of such, this Court while disposing the instant writ petition directs the respondent no. 2/authority to make reference under Section 18 of Act I of 1894 as prayed for by the writ petitioner forthwith for determination of the award by the Court.

6.

The entire exercise as indicated in the foregoing paragraph is to be completed by the respondent no. 2/authority within 30 working days from the date of communication of the server copy of this order. 7.

The time limit as fixed by this Court is mandatory and peremptory.

8.

Liberty is given to the learned advocate on record for the writ petitioner to communicate the server copy of this order to the respondent no. 2/authority.

9.

The respondent no. 2/authority is hereby directed to act on the server copy of this order.

10. With the aforementioned observations, the instant writ petition being WPA 28293 of 2024 is disposed of. 11.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Partha Sarathi Sen, J.)