Abdul Odud v. State Of West Bengal And ORS.

24.02.2021.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 135 of 2021 (Via Video Conference) Abdul Odud -vs.- The State of West Bengal & Ors.

Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee ...for the petitioner Mr. Mohendra Prasad Gupta ...for the State-respondents Although the petitioner was granted a recommendation by the Additional District Magistrate, Hooghly, for the purpose of a long term settlement of a piece of government land in favour of the petitioner, as long back as on April 29, 2015, the respondent no. 2 has not yet sanctioned such proposal or taken a decision thereon.

Learned counsel appearing for the petitioner submits that such inaction on the part of the respondent no. 2 is not only causing loss to the petitioner but also financial loss of revenue to the State. Learned counsel appearing for the respondents submits that no representation, as such, has been given to the Assistant Secretary, Government of West

Bengal, but to the Additional District Magistrate, who is the executing authority.

Be that as it may, in view of the contentions raised in the writ petition, which are justified, W.P.A. No. 135 of 2021 is disposed of by directing the respondent no. 2 to consider this writ petition itself as a representation by the petitioner and decide on the proposal recommended by the Additional District Magistrate and District Land and Land Reforms Officer, Hooghly, on April 29, 2015, for long term settlement of the land-in-question in favour of the petitioner, within March 31, 2021.

The respondent no. 3 shall, immediately upon intimation of such sanction, if granted in favour of the petitioner, take steps for expeditious execution of such settlement in favour of the petitioner.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)