Mir Dara Sheko, J. - (1.) Despite service of notice upon the learned Advocate-general, West Bengal pursuant to the last order, however, none represents the State today. Mr Nandi appears for the Union of India. Heard Mr Chatterjee appearing for the petitioners and also Mr Nandi.
(2.) Grievance of the writ petitioners is that they are the owner of plots no.180 and 181 appertained to J.L. No.55 in Mouza Bandi (near Gungaram Tea Estate) within the district Darjeeling measuring 3.43 acres which have been lying under possession of the defence for the use of defence forces; although despite communication from post to pillars, the petitioners failed to get those lands either vacated or acquired or purchased.
(3.) Mr Nandi submitted that those plots have been lying under the defence forces since 1963, and that the defence officers have made several communications to the general administration for acquisition of the lands in accordance with law. Today a copy of such letter dated December 6, 2017 issued under the signature of the Defence Estate Officer, Siliguri circle, Mr Dipak Mohan addressed to the BL&LRO, Phansidewa filed in court by Mr Nandi and submitted that the defence authority had persuaded on several occasions so that those lands may be acquired, but that the defence authority did not get any reply from the general administration vis-à-vis the concerned BL&LRO. Let a copy of such communication under reference be taken on record.;