← Library
Calcutta High CourtWPA/3099/2025disposed

Mohini Das Pramanik @ Mohini Das v. Union Of India And ORS.

2025-05-22Hon'Ble Justice Partha Sarathi Sen3 pages

S/L 13 22.05.2025 Court. No. 19 Suvayan WPA 3099 of 2025 Mohini Das Pramanik @ Mohini Das Vs.

Union of India & Ors.

Mr. Sk. Rejaul Alam ...for the petitioner.

Mr. Anil Kumar Gupta Ms. Shipra Chandra ...for the respondents.

1. The affidavit-of-service as filed today is taken on record.

2. In course of hearing Mr. Chandra, learned Advocate appearing on behalf of the respondents has filed an instruction dated 09.04.2025 as received by her from the respondents/authorities.

3. Let the instruction as filed on behalf the Union of India and its functionaries be taken on record.

4. On perusal of the petition under consideration it reveals that it is the case of the writ petitioner that though the land of the predecessor in interest of the writ petitioner was acquired and utilized by the respondents/authorities but no compensation has been disbursed either in favour of the writ petitioner or in favour of her deceased father.

5. Mr. Alam, learned Advocate appearing on behalf of the writ petitioner at this juncture, draws attention of this Court to page no. 24 of the instant writ petition being a copy of the representation as made by the writ petitioner with the respondents/authorities, however, the respondents/authorities took no action so far.

6. Per contra, Ms. Chandra submits before this Court that from the instruction as filed today it would reveal that the entire acquisition process has been completed in accordance with law and the name of the writ petitioner and/or her predecessor in interest were not included in the list of the awardees/co-sharers in respect of the land acquired by railway authority.

7. in view of such, while disposing the instant writ petition this Court directs the respondent no. 1 to consider a copy of the instant writ petition as a representation of the writ petitioner and after giving an opportunity of hearing to the writ petitioner and/or her authorized representative shall pass a reasoned order and to communicate the same to the writ petitioner preferably by mail, if the mail details of the writ petitioner is provided to him at the time of hearing.

8. The entire exercise as indicated hereinabove is to be completed within 60 working days from the date of communication of the server copy of this order.

9. Liberty is given to the learned advocate-on-record for the writ petitioner to communicate the server copy of this order to the respondent no. 1/authority.

10. The respondent no. 1/authority is directed to act on the basis of the server copy of this order.

11. Before parting with it is made clear that in the event the respondent no. 1/authority finds sufficient merit in the representation of the writ petitioner, he is directed to take appropriate steps for determination and

disbursement of adequate compensation to the writ petitioner in accordance with law.

12. With the aforementioned observation, the instant writ petition being WPA 3099 of 2025 is disposed of.

13. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.)