Pasupati Bandopadhyay v. State Of West Bengal & ORS

15.11.2022 rc/ct.no.10 Item No.07 WPA No. 1428 of 2017 Mr. Dhananjay Banerjee Mr. Samrat Chowdhury Mrs. Oindrila Ghosh ...for the petitioners Mr. Chandi Charan De Mr. Anirban Sarkar ...for the State Supplementary affidavit filed by the petitioners is taken on record.

Heard learned counsels appearing on behalf of both the parties.

It is contended by the learned counsels appearing on behalf of the petitioners that the land of the petitioners was utilised by the respondents but no compensation has been paid in lieu of the same. He placed reliance on a letter issued by the Special Land Acquisition Officer, Nadia to the Additional District Magistrate and District Land and Land Reforms Officer, Nadia on 10.02.2016 which records that the plot in question has been utilised but no acquisition proceeding was drawn up for the same. The letter contains a proposal for direct purchase of the plot in question.

Upon consideration of the submission made by the learned counsels appearing on behalf of the parties this Court is inclined to hold that since the proposal for direct purchase of the plot in question has been recorded in the

letter dated 10.02.2016, the concerned authority be directed to act in terms of the said letter and complete the entire proceeding within a stipulated time frame. Accordingly, this writ petition is disposed of directing the 6th respondent to act in terms of the letter dated 10.02.2016 proposing direct purchase of the plot in question and complete the entire procedure for direct purchase within four months from the date of communication of this order upon granting reasonable opportunity of hearing to all the interested parties including the petitioners, 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 this writ petition is disposed of.

There shall be, however, 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 furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)