Haran Mondal v. State Of West Bengal And ORS.

jdt.

16.11.2023 jb.

W.P.A. 2392 of 2021 (Haran Mondal vs. State of West Bengal & Ors.) Mr. Dhiraj Trivedi Mr. S. Gupta .... For the Petitioner Mr. Chandi Charan De Ms. Reshma Chatterjee .... For the State Heard learned counsels for the parties.

The petitioner alleges that the State respondents have constructed a pucca pathway through his land by converting a kachha road which is part and parcel of his land. The land was neither acquired by due process of law, nor any compensation paid to the petitioner for the same.

In the report in the form of affidavit submitted on behalf of the State respondents it is stated that the petitioner's claim has been denied and disputed by his brothers and other villagers.

The petitioner seeks to submit a comprehensive representation before the concerned authority ventilating his grievances and prays for a direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 2nd respondent be directed to consider the representation 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 before the 2nd respondent within two weeks from date. The 2nd respondent is directed to consider and dispose of the representation within four weeks from the date of receipt thereof 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. 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.)