Sri Pratap Singha v. State Of West Bengal And ORS.

jdt.

14.07.2023 jb.

W.P.A. 1551 of 2023 (Sri Pratap Singha vs. State of West Bengal & Ors.) Mr. Ratan Das .... For the Petitioner Mr. Santanu Kr. Mitra Ms. Amartya Pal .... For the State S. M. Hasan Ms. Anupama Yeasmin .... For the Haldia Municipality Sk Rejaul Alam .... For the Respondent No. 3 Affidavit of service filed on behalf of the petitioner is taken on record.

None appears for the added respondent despite service.

It is contended on behalf of the petitioner that the petitioner's father was the erstwhile owner of the land in question which was acquired by the State respondents vide L.A. Case No. 4/1990-91 and possession of the plot was taken over on 8th June, 1992. The petitioner's father expired on 15th November, 2003. The petitioner complains that though the petitioner is a land loser and has no alternative residential plot, he has not been granted an alternative plot by the authorities though similarly circumstanced persons have been blessed with such benefit.

The petitioner submitted several

representations before the concerned authority, the last of which was on 17th August, 2022.

Such representations are yet to be considered. The petitioner prays for a direction upon the authority to consider the representation dated 17th August, 2022 at the earliest. It is submitted on behalf of the respondents that though possession of the plot in question was taken over on 8th June, 1992 the petitioner chose to submit the first representation before the concerned authority only on 13th August, 2013. Prior to the said date no step in this regard was taken by the petitioner or his father and such inordinate delay has not been explained by the petitioner in the writ petition.

Be that as it may, since the representation submitted by the petitioner before the concerned authority is pending consideration, the 7th respondent be directed to consider and dispose of the representation dated 17th August, 2022 within eight weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all the stake holders including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. Since the 7th respondent is not represented, the petitioner is directed to serve copy of this order along

with a copy of the representation and the writ petition to the 7th respondent within 7 days from date. The writ petition is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)