Sk. Amirul Islam v. State Of West Bengal & ORS

December 10, 2021 ARDR (18 to 94) WPA No. 22340 of 2019 Ranjit Kumar Ghosh WPA No. 22348 of 2019 Kalyani Das & Ors.

WPA No. 22349 of 2019 Shaktipada Malik & Ors.

WPA No. 22353 of 2019 Shambhu Das & Ors.

WPA No. 22354 of 2019 Manik Malik & Ors.

WPA No. 22355 of 2019 Sushil Malik & Ors.

WPA No. 22357 of 2019 Haradhan Malik WPA No. 759 of 2020 Gangadhar Ghosh & Ors.

WPA No. 761 of 2020 Hagadananda Saha & Ors.

WPA No. 763 of 2020 Sushama Medda & Ors.

WPA No. 765 of 2020 Kshudiram Kundu WPA No. 768 of 2020 Asit Baran Sinha & Ors.

WPA No. 769 of 2020 Asok Nandi WPA No. 771 of 2020 Biswanath Pramanik WPA No. 773 of 2020 Jagabandhu Mondal & Ors.

WPA No. 778 of 2020 Abhijit Sarkar WPA No. 779 of 2020 Mir Mosaraf Ali & Ors.

WPA No. 783 of 2020 Abdul Rashid Shah & Ors.

WPA No. 791 of 2020 Mohadev Adak WPA No. 793 of 2020 Susata Sarkar WPA No. 795 of 2020 Shambhunath Pramanik & Anr.

WPA No. 796 of 2020 Sapia Bibi & Ors.

WPA No. 1367 of 2020 Nilabala Dey WPA No. 1369 of 2020 Pratyush Kundu WPA No. 1393 of 2020 Bilawadal Nandi & Ors.

WPA No. 1403 of 2020 Kiriti Bhusan Nandi & Ors.

WPA No. 1408 of 2020 Nikhil Kundu & Ors.

WPA No. 1409 of 2020 Bidyut Kundu WPA No. 1410 of 2020 Champa Maji & Anr.

WPA No. 1417 of 2020 Gunadhar Kundu & Ors.

WPA No. 1467 of 2020 Shefali Nandi & Ors.

WPA No. 1469 of 2020 Saktipada Banduri

WPA No. 1470 of 2020 Biswanath Ghosh & Ors.

WPA No. 1477 of 2020 Madan Mohan Kundu & Anr.

WPA No. 1479 of 2020 Bithika Mondal & Ors.

WPA No. 1486 of 2020 Sukumar Khan & Anr.

WPA No. 1488 of 2020 Biswanath Ghosh & Ors.

WPA No. 1492 of 2020 Santanu Mondal WPA No. 1493 of 2020 Tarak Ghosh & Ors.

WPA No. 1494 of 2020 Sandhya Mondal & Ors.

WPA No. 1497 of 2020 Sk. Mobarak Ali & Ors.

WPA No. 1498 of 2020 Nisith Dey & Ors.

WPA No. 1499 of 2020

Hazera Bibi & Ors.

WPA No. 1501 of 2020 Sk. Shah Alam & Ors.

WPA No. 1502 of 2020 Sk. Amirul Islam & Ors.

WPA No. 1505 of 2020 Susanta Mondal WPA No. 2779 of 2021 Panchugopal Roy @ Panchu Roy & Ors.

WPA No. 3203 of 2020 Nirapada Ghosh WPA No. 3236 of 2020 Ajit Konar & Anr.

WPA No. 3244 of 2020 Sagar Maity & Anr.

WPA No. 3246 of 2020 Pintu Das & Ors.

WPA No. 3248 of 2020 Dipali Maity & Anr.

WPA No. 3251 of 2020 Chanpa Maity & Ors.

WPA No. 4049 of 2020 Sunil Kumar Maji WPA No. 4050 of 2020 Ananga Nandi WPA No. 4051 of 2020 Madan Dey & Ors.

WPA No. 4053 of 2020 Biswanath Malik & Ors.

WPA No. 4066 of 2020 Tushar Kanti Dey WPA No. 4068 of 2020 Harihar Nandi WPA No. 4074 of 2020 Laltu Mondal & Ors.

WPA No. 4078 of 2020 Tapan Jyoti Dey WPA No. 4083 of 2020 Sisir Mondal & Anr.

WPA No. 4089 of 2020 Sukdeb Bag & Ors.

WPA No. 4137 of 2020 Gouranga Sundar Nandi

WPA No. 4139 of 2020 Shambhunath Kundu & Ors.

WPA No. 4141 of 2020 Tinku Dey & Ors.

WPA No. 4144 of 2020 Amar Nath Dey WPA No. 4145 of 2020 Sanat Dey & Anr.

WPA No. 4146 of 2020 Ganesh Kundu WPA No. 2776 of 2021 Saileswar Pandey & Ors.

WPA No. 2842 of 2021 Monomohan Pandey & Ors.

WPA No. 2845 of 2021 Chintamoni Ghosh & Ors.

WPA No. 2849 of 2021 Chandra Sekhar Ghosh WPA No. 22351 of 2019 Sonaram Ruidas & Ors.

WPA No. 2780 of 2021 Aparna Prasad Pandey & Ors.

WPA No. 2793 of 2021 Hradhan Porel & Ors.

WPA No. 2830 of 2021 Menoka Manna & Ors.

Mr. Kumar Jyoti Tewari Mr. Panchanan Hajra Mrs. Rajlakhi Ghatak ....for the Petitioners.

Mr. Chandi Charan De Mr. Soumitra Bandhyopadhyay Mr. T.M.Siddique Mrs. Tapati Samanta Mrs. C. Mukherjee Mrs. Paromita Pal Mrs. Chandana Ghosh Mr. Somnath Mukherjee Mr. P. Basu Mr. Nilotpal Chatterjee Mr. Ramchandra Guchait Mr. Partha Protim Roy Mr. Ashim Ganguly Mr. Pinaki Dhole Mrs. Debarati Sen (Bose) Mr. Murari Chakraborty Mr. Debasish Banerjee Mr. Ayan Banerjee Mrs. Srilekha Bhattacharjee Mr. Anirban Sarkar Mr. Raja Saha Mr. Amit Kr. Ghosh Mr. Arindam Das Mr. Biswajit Sarkar Mr. Sibasis Ghosh Mr. Rabindra Narayan Dutta Mr. Suprabhat Bhattacharjee Mr. Hare Krishna Halder Mr. S. Bandyopadhyay Mr. Jahar Lal De Mr. Shamim Ul Bari Mr. Susovan Sengupta Mr. Manas Kumar Sadhu Mr. Amar Mondal Mrs. Nibedita Barui Mr. Subir Pal

Mr. Susanta Pal Mr. Debabrata Mondal Mr. Somnath Mukherjee Mr. Supratim Dhar Mr. Dhananjay Nayak Mr. R. Rahaman Mr. Aniruddha Sen Mr. Priyabrata Batabyal Mrs. Tanusri Chanda Mrs. Chandana Ghosh Mr. Bipin Ghosh ....for the State.

The petitioners complain that their respective lands were requisitioned according to the West Bengal Land (Requisition & Acquisition) Act, 1948 (hereinafter referred to as the "said Act of 1948") but the lands were not acquired subsequently. In the meantime, the said Act of 1948 stood repealed with effect from March 31, 1997. The petitioners filed their representations before the respondent No.3 in WPA 22340 of 2019 on July 23, 2019, WPA 2779 of 2021 on October 1, 2020, in WPA 22348 of 2019 on August 26, 2019, in WPA 22349 of 2019 on August 26, 2019, in WPA 22353 of 2019 on September 23, 2019, in WPA 22354 of 2019 on September 2, 2019, in WPA 22355 of 2019 on August 26, 2019, in WPA 22357 of 2019 on August 26, 2019, in WPA 759 of 2020 on October 14, 2019, in WPA 761 of 2020 on September 23, 2019, in WPA 763 of 2020 on September 30, 2019, in WPA 765 of 2020 on October 18, 2019, in WPA 768 of 2020 on October 14, 2019, in WPA 769 of 2020 on October 18, 2019, WPA 771 of 2020 on September 30, 2019, in WPA 773 of 2020 on October 18, 2019, WPA 778 of 2020 on October 18,

2019, in WPA 779 of 2020 on October 14, 2019, WPA 783 of 2020 on September 23, 2019, in WPA 791 of 2020 on September 30, 2019, in WPA 793 of 2020 on October 18, 2019, in WPA 795 of 2020 on September 30, 2019, in WPA 796 of 2020 on September 23, 2019, in WPA 1367 of 2020 on October 21, 2019, in WPA 1369 of 2020 on October 21, 2019, in WPA 1393 of 2020 on September 30, 2019, in WPA 1403 of 2020 on October 10, 2019, in WPA 1408 of 2020 on October 18, 2019, in WPA 1409 of 2020 on October 18, 2019, in WPA 1410 of 2020 on October 10, 2019, in WPA 1417 of 2020 on September 30, 2019, in WPA 1467 of 2020 on October 18, 2019, in WPA 1469 of 2020 on April 8, 2019, in WPA 1470 of 2020 on April 8, 2019, in WPA 1477 of 2020 on October 18, 2019, in WPA 1479 of 2020 on October 10, 2019, in WPA 1486 of 2020 on November 18, 2019, in WPA 1488 of 2020 on October 14, 2019, in WPA 1492 of 2020 on October 10, 2019, in WPA 1493 of 2020 on October 18, 2019, in WPA 1494 of 2020 on October 18, 2019, in WPA 1497 of 2020 on October 10, 2019, in WPA 1498 of 2020 on November 18, 2019, in WPA 1499 of 2020 on October 10, 2019, in WPA 1501 of 2020 on October 14, 2019, in WPA 1502 of 2020 on September 30, 2019, in WPA 1505 of 2020 on October 10, 2019, in WPA 3203 of 2020 on September 12, 2019, in WPA 3236 of 2020 on September 12, 2019, in WPA 3244 of 2020 on April 8, 2019, in WPA 3246 of 2020 on December 4, 2019, in WPA 3248 of 2020 on March 25, 2019, in WPA

3251 of 2020 on April 8, 2019, in WPA 4049 of 2020 on January 6, 2020, in WPA 4050 of 2020 on January 6, 2020, in WPA 4051 of 2020 on January 6, 2020, in WPA 4053 of 2020 on January 13, 2020, in WPA 4066 of 2020 on January 6, 2020, in WPA 4068 of 2020 on January 6, 2020, in WPA 4074 of 2020 on January 13, 2020, in WPA 4078 of 2020 on January 6, 2020, in WPA 4083 of 2020 on January 9, 2020, in WPA 4089 of 2020 on January 6, 2020, in WPA 4137 of 2020 on January 6, 2020, in WPA 4139 of 2020 on January 6, 2020, in WPA 4141 of 2020 on January 6, 2020, in WPA 4144 of 2020 on January 6, 2020, in WPA 4145 of 2020 on January 6, 2020, in WPA 4146 of 2020 on January 6, 2020, in WPA 2776 of 2021 on January 13, 2020, in WPA 2842 of 2021 on January 13, 2020, in WPA 2845 of 2021 on November 17, 2020, in WPA 2849 of 2021 on October 1, 2020, in WPA 22351 of 2019 on August 26, 2019, in WPA 2780 of 2021 on January 13, 2020, in WPA 2793 of 2021 on October 1, 2020 and in WPA 2830 of 2021 on January 13, 2020 for release of their lands and payment of compensation but the said representations have not been considered till date.

The petitioners pray for consideration of the respective representations by the concerned authority.

Having considered the submissions made by the learned counsels appearing on behalf of the parties and the material on record, I dispose of these writ petitions with a direction upon the respondent No.3 to consider and

dispose of the respective representations filed by the petitioners within a period of three months from the date of communication of this order and after giving reasonable opportunity of hearing to all the affected parties including the petitioners, in accordance with law.

With the above observations and directions the aforesaid writ petitions are disposed of. However, there shall be no order as to costs.

Since no affidavit is invited, the allegations contained in the petitions 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.)