Niyamul Hossain Molla v. State Of West Bengal And ORS.

19.12.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 30215 of 2024 Niyamul Hossain Molla -versusThe State of West Bengal & Ors.

Mr. Kaustav Banerjee, Ms. Ria Kundu.

...For the Petitioner.

Mr. Chandi Charan De, Mr. Anirban Sarkar.

...For the State.

1.

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

2.

The petitioner is aggrieved by the notice issued by the Additional District Magistrate and District Land & Land Reforms Officer, Purba Bardhaman dated 4th December, 2024 in favour of one Rahimul Haque Molla mentioned as registered owner of vehicle no. WB19L2886.

3.

The petitioner has annexed the Smart Card of the vehicle to show that the registered owner of the subject vehicle is Niyamul Hossain Molla who is the petitioner in the instant writ petition.

4.

On the face of records it appears that the vehicle is registered in the name of Niyamul Hossain Molla. The impugned notice has been issued to a third person, no way connected with the subject vehicle. 5.

In view of the above, the said notice is ex facie bad in law and is liable to be set aside and is accordingly, set aside.

6.

The respondent authority being the Additional District Magistrate and District Land & Land Reforms Officer is directed to immediately release the vehicle being No. WB19L2886 to the petitioner. 7.

The writ petition stands disposed of.

8.

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

( Amrita Sinha, J.)