Calcutta High CourtWPA/10568/2020disposed

Santanu Mondal v. The Additional Land Acquisition Officer

2021-03-09Hon'Ble Justice Biswajit Basu2 pages

SK Ct. No. 18 09.03.2021 W.P.A. No. 10568 of 2020 (Via Video Conference) Sri Santunu Mondal Vs.

The Appellate Authority Additional Land Acquisition Officer & Ors.

Mr. Debjit Mukherjee, Mr. Nitai Chandra Saha ... For the petitioner. Mr. Chandi Charan De, Ld. Addl. Govt. Pleader, Mr. Anirban Sarkar ... For the State respondents. Mr. Anirban Banerjee, Mr. Chayan Gupta, Mr. B. Kumar, Mr. R. Baliyal ... For the respondent no. 6. Mr. Satyajit Talukdar ... For the respondent nos. 3 & 4.

The petitioner is complaining that an appeal under Section 19 (1) of the Right to Information Act, 2005 is pending before the appellate authority being respondent no. 1 herein and the same has not been disposed of within the time specified under subsection (6) thereof. Mr. Chandi Charan De, learned Additional Government Pleader appearing on behalf of the State respondents, hands over a copy being Memo No. LA/713 dated November 27, 2020 and submits that by this memo the appeal of the petitioner has already been disposed of.

A copy of the said memo be kept with the record. Mr. Mukherjee, learned advocate appearing on behalf of the petitioner submits that the said memo was neither served upon the petitioner nor upon his

learned advocate. However, Mr. Chandi Charan De handed over a copy of the said memo to Mr. Mukherjee yesterday (i.e. on March 08, 2021). A second appeal is provided against the said order of the appellate authority under sub-section (3) of Section 19 of the said Act of 2005. The petitioner is free to prefer the said appeal. The communication of the order of the appellate authority shall be treated to be from March 08, 2021.

W.P.A. 10568 of 2020 is thus disposed of.

Since no affidavit-in-opposition has been invited the allegations made in the writ petition are deemed to have been denied by the respondents.

No order as to costs.

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

(Biswajit Basu, J.)