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2026 DAILYLAW 39502 (CAL)

AMBIYA BEGAM v. UNION OF INDIA AND ORS.

WPA/23944/2026 · 2026-09-10

Partha Sarathi Sen

body2026

Judgment text

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N.22Sl 151/CL 10.09.26 DL-06 Ct.-19 (S.R.) WPA 23944 of 2026 Smt. Ambia Begam v. The Union of India & Ors. Mr. Shamit Sanyal Ms. Sanchayita De … for the petitioner. Mr. Swatarup Banerjee Mrs. Sarda Sha … for the UOI. Mr. Anirban Das Mr. Sudipta Ghosh … for the State. 1. The writ petitioner, the respondent/State and the respondent/Union of India are represented by their respective learned counsel. 2. By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondent no.7/authority commanding him to keep the proceeding of Mutation Case No.MN/2026/1204/12705 in abeyance till disposal of the proceeding under Section 18 of the Enemy Property Act, 1968 (Act ‘in short’) with a further prayer directing the respondent nos.1 and 3/authorities to expedite the proceeding as initiated under Section 18 of the said Act. 3. At the time of hearing, learned advocate appearing on behalf of the respondent/State files a paper showing that the subject mutation case has already been disposed of by the jurisdictional BLRO under Section 50 of the West Bengal Land and Land Reforms Act, 1955 whereby and whereunder Plot No.565, as stood recorded in the name of the writ petitioner has been mutated as enemy property. The printout of the aforementioned mutation order, as filed by the writ petitioner, is taken on record. This Court requests learned advocate for the respondent/State to provide a copy of such order of mutation to the learned advocate-on-record for the writ petitioner positively in course of this day. 4. In view of the disposal of the aforementioned Mutation Case No.MN/2026/1204/12750, it appears to this Court that the prayer (a) of the instant writ petition has become infructuous. 5. Learned advocate appearing on behalf of the writ petitioner in support of the prayer (b) of the instant writ petition draws attention of this Court to page no.125 of the instant writ petition being “Annexure P-7” being a copy of the letter dated 30.12.2025 as issued by the under Secretary to the Government of India in connection with a proceeding of hearing under Section 18 of the said Act. It is submitted that the Union of India and its instrumentalities may be directed to expedite the proceeding under Section 18 of the said Act. 6. Learned advocate appearing on behalf of the Union of India in her usual fairness submits before this 2 Court that the respondent no.3/authority may be directed to expedite the proceeding under Section 18 of the said Act. 7. In view of such, this Court while disposing the instant writ petition directs the respodnentno.3/authority to expedite the hearing of Section 18 of the Enemy Property Act, 1968 and come to a logical conclusion thereof positively within 180 working days from the date of communication of the server copy of this order, in the event, there is no stay order upon such proceeding by any competent Court of Law. 8. The time limit as fixed by this Court is preemptory and mandatory. 9. 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.3/authority, who is directed to act on the server copy of this order. 10. With the aforementioned observations, WPA 23944 of 2026 stands disposed of. 11. There shall, however, no order as to costs. 12. 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.) 3 4