Mrinal Choudhury v. The State Of West Bengal And ORS
12.06.2023.
Ct. 3 RS In the High Court at Calcutta Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side WPA 1096 of 2023 Mrinal Choudhury -versusThe State of West Bengal and Ors.
Mr. Narendra Nath Das Mr. Pragyadip Roy Basunia Mr. Pratyush Adhikary Ms. Binapani Singha Mr. Madhab Kr. Roy Mr. Jagesh Ch. Roy ... for the petitioner.
Mr. Hirak Barman Mr. Pretom Das ... for the respondents.
Counsel for the respective parties are present.
The petitioner has filed the present writ application praying for a direction upon the respondent authority to refer the reference petition dated 14th January, 2000 under Section 18 of the Land Acquisition Act, 1984 to the appropriate Civil Court.
Counsel for the petitioner submits that by an application dated 14th January, 2000, the petitioner has requested the Land Acquisition Collector, Jalpaiguri for referring the matter under
Section 18 of the Land Acquisition Act to the appropriate Civil Court but till date the application filed by the petitioner is pending before the Land Acquisition Collector and has not been referred to the Civil Court.
Per contra, learned counsel for the respondent authority submits that the office of the Land Acquisition Collector has not received any application dated 14th January, 2000 for referring the matter to the appropriate Civil Court.
This Court finds that there is a disputed question whether the petitioner has filed an application under Section 18 for referring the matter to the Civil Court before the Land Acquisition Collector or not and it is the duty of the Land Acquisition Collector to ascertain whether the petitioner has filed any application within the specific time for referring the matter to the appropriate Civil Court.
In view of the above, the respondent no.3 i.e. the Special Land Acquisition Collector is directed to consider the case of the petitioner and if it is found that the petitioner has made an application on 14th January, 2000 for referring the matter to the appropriate Court within the specific time, the Land Acquisition Collector will pass
appropriate order for referring the matter in Civil Court and in case if it is found that no application is filed by the petitioner within the specific time, as provided, the Land Acquisition Collector is given liberty to pass reasoned and speaking order within a period of four weeks from the date of receipt of copy of this order. In case of refusal for sending the matter to the appropriate Civil Court, the Land Acquisition Collector is directed to pass a speaking order and the same shall be provided to the petitioner within a week thereafter.
WPA No.1096 of 2023 is thus disposed of.
(Krishna Rao, J.)