Ganesh Soren v. State Of West Bengal And ORS.

21.08.2023 21.08.2023 Ct. No.10 b.das WPA 604 of 2023 Ganesh Soren Vs.

The State of W. B. & Ors.

Mr. Sutirtha Nayak Ms. S. Raha ...for the petitioner.

Mr. Chandi Charan De Mr. Anirban Sarkar ...for the State.

Mr. Chayan Gupta Mr. Aviroop Mitra ...for the respondent No.5.

Affidavit of service submitted on behalf of the petitioner is taken on record.

Heard learned counsels for the parties.

It is contended on behalf of the petitioner that the West Bengal Power Development Corporation, the 5th respondent herein, has been utilizing a portion of the petitioner's land and are stacking mud in the process of removing coal for the project operated by the Corporation. The petitioner seeks compensation from the authority for acquisition of his land.

The petitioner seeks to submit a comprehensive representation in this regard before the concerned authority and prays for direction upon the concerned authority to consider the representation at the earliest. It is submitted on behalf of the State respondents that the 4th respondent be directed to consider the

representation submitted by the petitioner, in accordance with law.

In view of the above, the writ petition is disposed of with liberty to the petitioner to submit a comprehensive representation ventilating his grievance before the 4th respondent within a fortnight from date. The 4th respondent is directed to consider and dispose of the representation within a period of one month from the date of receipt thereof upon affording reasonable opportunity of hearing to all the stakeholders including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. With the above observations and directions the writ petition being WPA 604 of 2023 is disposed of. However, there shall be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)