HARISH TANDON,J. - (1.) The present writ petition is launched against the Order dated 30th August, 2018 passed by the Sub Divisional Magistrate, Jalpaiguri directing to vacate and deliver possession of the R.S. Plot Nos. 121, 122 and 123 in Sheet No. 18 of Mouza Binnaguri, District - Jalpaiguri to Commandant, S.A.P 12th Bn. within 1st September, 2018.
(2.) It was further indicated therein that failure to deliver the possession within the specified time may invite the enforcement of the said order through the NJP Police Station. The petitioner states that the copy of an order dated 28th August, 2018 passed by the Appellate Authority, i.e. District Magistrate and Collector, Jalpaiguri was never served upon the petitioner. It is, thus, stated that keeping the petitioner in dark and depriving him to take further steps against the aforesaid order, the present impugned order is passed in haste to render further remedy provided under the West Bengal Land (Eviction of Authorized Occupants) Act, 1962, illusory and non est. Since the demolition is to be carried immediately after 1st September, 2018, the writ petition was placed before the Hon'ble Chief Justice to move on urgent basis. The Hon'ble Chief Justice granted leave to move the writ petition today before this Court. Since, urgency has been found by the Hon'ble Chief Justice and also upon perusal of the averments made in the instant writ petition, this Court dispensed with the compliance of the provision contained under Rule 26 of the Rules in relation to Article 226 of the Constitution of India.
(3.) The case appears to have a chequered history as the petitioner moved the Court on an earlier occasion challenging the various action and the orders passed by the authorities under the said Act.;