Ramesh Majhi v. Union Of India And ORS.

25.01.2024

IN THE HIGH COURT AT CALCUTTA

Ct. no.654 CONSTITUTIONAL WRIT JURISDICTION Sl. No.86 sn ,, WPA 2619 of 2023 (Specially Assigned) , Ramesh Majhi Vs.

Union of India & Ors.

Mr. Sankar Nath Mukherjee ,, Mr. Niraj Gupta ..for the petitioner Mr. Soumitra Bandopadhyay Mr. Priyabrata Batabyal ..for the State Ms. Rama Ghosh Dastidar ..for the U.O.I.

Affidavit of service filed on behalf of the petitioner is taken on record.

This writ petition has been filed under Article 226 of the Constitution of India for considering the representation of the petitioner made through learned Advocate dated 6th December, 2022.

Mr. Sankar Nath Mukherjee, learned Advocate for the petitioner submits that notice was issued to the petitioner along with others on 9th February, 2022 by the Additional Land Acquisition Officer, Purulia for acquisition of land within plot nos.580, 581 and 582 within Mouza-Berma under Section 3 of the National Highways Act, 1956. The petitioner in compliance to such notice appeared before the concerned authority but till

date no communication has been made to the petitioner regarding the result of such hearing. He seeks that the representation of the petitioner made through his learned Advocate dated 6th December, 2022 be considered. Both the learned advocates for the State respondents as well as Union of India leave the matter to the discretion of the Court.

Having heard the learned Advocates for the parties, the respondent no.7 being the Additional District Magistrate (Land Acquisition Officer), Purulia is directed to consider the grievance of the petitioner raised through Advocate's letter dated 6th December, 2022 within a period of two months from the date of communication of this order after giving an opportunity of hearing to all the interested parties including the petitioner and shall communicate the result of such disposal to the petitioner within a week thereof.

The learned advocate on record for the petitioner is directed to communicate this order along with a copy of the representation to respondent no.7, Additional District Magistrate (Land Acquisition Officer), Purulia. Since no affidavit-in-opposition is called for, all allegations made in the writ petition are deemed to be not admitted.

It is made clear that this Court has not gone into the merits of this case.

In light of the above observations, the writ petition being WPA 2619 of 2023 stands disposed of.

All connected applications, if any, stand dismissed. Interim order, if any, stands vacated.

There shall be no order as to costs.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)