Pushkar Chinya v. State Of West Bengal And ORS.
06.01.2025 Ct. No. 2 Sl. No. 31 tbsr WPA 1025 of 2024 Puskar Chinya Vs.
The State of West Bengal & Ors.
Mr. Debasis Sur Mr. Hare Krishna Halder ....for the petitioner Mr. Supratim Dhar Mr. Amrita lal Chatterjee ....for the State Affidavit of service, filed in court today, is taken on record.
Mr. Debasis Sur, learned counsel appears for the petitioner.
Mr. Amrita Lal Chatterjee, learned counsel led by Mr. Supratim Dhar, learned senior counsel appears for respondents.
Referring to a document dated July 24, 2002, Annexure P-2 at page 22 to the writ petition, learned counsel for the petitioner submits that a proforma notice was issued in connection with LA Case No. 1-47/75-76 under Sub-Section (3B) to Section 9 of the Land Acquisition (West Bengal Amendment) Act, 1999, learned counsel for the petitioner submits that the land in question belongs to the petitioner have already been acquired but compensation has not yet been paid. Learned counsel for the petitioner then refers to hearing
notice dated September 7, 2022 at page 30 to the writ petition issued by the respondent no. 7. The petitioner submits that the petitioner went to participate in the hearing but thereafter no result has yielded till date. In view of the above, the respondent no. 8, in the event the hearing has not been concluded, upon issuing a prior notice of hearing of at least seven days to the petitioner and after granting an opportunity of hearing to the petitioner shall come to a conclusion with reasons by passing a reasoned order in accordance with law. The entire exercise shall be carried out and completed by the respondent no. 8 positively within a period of ten weeks from the date of communicate of this order.
The reasoned order then shall be communicated to the petitioner and other interested parties, if any, positively within a period of two weeks from the date of the said reasoned order to be passed. In the event, the respondent no. 8 from the record finds there are other interested parties on the selfsame land, opportunity of hearing shall also be granted to them upon issuing a prior notice of hearing in the like manner and then the reasoned order shall be passed. In the event, the petitioner or the interested parties, if any, are aggrieved with the reasoned order, they shall be at liberty to take recourse of law strictly in accordance with law.
Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
With the above observations and directions, this writ petition, WPA 1025 of 2024 stands disposed of, without any order as to costs.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)