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Calcutta High CourtWPA/29859/2024disposed

Sandhya Rani Mahata v. The State Of West Bengal And ORS.

2025-01-02Hon'Ble Justice Aniruddha Roy3 pages

02.01.2025 Item No. 27 Crt.No.02 b.r.

WPA 29859 of 2024 Sandhya Rani Mahata -vsThe State of West Bengal & Ors.

Mr. Lal Ratan Mondal .... For the petitioner.

Mr. Lalit Mohan Mahata. Ld. AGP Mr. Prasanta Behari Mahata ... for the State.

Affidavit of service filed in Court today, is taken on record.

Mr. Lal Ratan Mondal, learned counsel appears for the petitioner.

Mr. Lalit Mohan Mahata, learned Additional Government Pleader appears for the respondents. The previous order on the self-same issue passed by this Court dated December 4, 2024 in WPA 28211 of 2024 at page-41 to the wit petition speaks for itself in detail.

Learned advocate refers to a notice dated December 2, 2024 at page-49 to the writ petition and submits that the demarcation has not yet taken place in presence of the petitioner.

Learned Additional Government Pleader submits on instruction from his client that the physical

inspection of the concerned portion of the land is fixed on January 9, 2025 when petitioner has been requested to attend.

After considering the submissions made on behalf of the parties and upon perusal of the materials on record, this Court directs the writ petitioner to be present on January 9, 2025 at 12 noon when the physical inspection of the land shall be taken place by the respondent no.7 in presence of the petitioner. The petitioner shall be at liberty to produce the relevant records and documents during such inspection. The inspection report then shall be furnished with proper demarcation map to the petitioner positively on or before January 15, 2025 by the respondent no.7.

Thereafter the jurisdictional authority shall grant the petitioner an opportunity of hearing pass the reasoned order strictly following the previous direction of this Court dated December 4, 2024 at page-41 to the writ petition. The time frame fixed shall reckon from to day.

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

It is made clear that this Court has not gone into merits of this writ petition.

With the above observations and directions, this writ petition, WPA 29859 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.)