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2026 DAILYLAW 879 (CAL)

MAIDUL ISLAM AND ORS v. THE STATE OF WEST BENGAL AND ORS.

WPA/5339/2026 · 2026-03-11

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 19 (265719) 11.03.2026 (AD 14) (S. Banerjee) WPA 5339 of 2026 Maidul Islam & Ors. Vs. State of West Bengal & Ors. Mr. Avijit Saha Mr. Saswata Chatterjee …for the petitioners Mr. Sambuddha Dutta Ms. Dipanwita Ganguly …for the State Affidavit of service filed in Court today, is taken on record. Petitioners claim to have filed an application praying for reference by the Collector for determination by the Court the disputes falling within the scope of Section 18 of the Land Acquisition Act, 1894. Learned advocate appearing for the petitioners submits that though the application was filed within the specified period of time, no steps have been taken by the Collector, North 24 Parganas to refer the matter before the competent court. Learned advocate appearing for the State submits that necessary steps shall be taken subject to being satisfied that the application was in form and 2 the same was filed within the stipulated period of time. In the light of the submission made by the learned advocates appearing for the respective parties, this writ petition stands disposed of by directing the Collector, North 24 Parganas at Barasat to consider the application under Section 18 of the 1894 Act (an incomplete copy of which has been annexed at page 15 of the writ petition) and consider the said application and take steps in accordance with law provided such application is in form and was filed within the stipulated period of time. Upon being satisfied that the application is in form and the same was filed within the stipulated period of time, the 2nd respondent shall take necessary steps in terms of Section 18 of the 1894 Act as expeditiously as possible but positively within a period of eight weeks from the receipt of a server copy of this order along with a complete copy of the application under Section 18 of the 1894 Act. It will be open to the 2nd respondent to direct the petitioner to produce any document for the purpose of taking a decision on the issue and if such a direction is passed, the petitioner shall comply with such direction. (Hiranmay Bhattacharyya, J.)