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Calcutta High CourtWPA/2912/2023disposed

Sk Sadrul Alam And ORS v. Union Of India And ORS.

2023-04-20Hon'Ble Justice Suvra Ghosh2 pages

20.04.2023 20.04.2023 Ct. No.10 b.das W.P.A. 2912 of 2023 Sk. Sadrul Alam & Ors.

Vs.

Union of India & Ors.

Mr. Dilip Kr. Samanta Mr. B. Samanta Ms. T. Paul ...for the petitioners.

Mr. Chandi Charan De Ms. Chandana Ghosh ... for the State.

Mr. Goutam Dey Mr. D. Sarkar Ms. A. Ghosh Mr. A. Mondal ...for the respondent No.1.

Mr. Surajit Chakraborty ...for the respondent No.2.

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

Heard learned counsels for the parties.

The petitioners claim to be the recorded owners of the plot in question and complain that though the said plot has been acquired under the Petroleum and Minerals Pipeline Act, 1962, no notice for payment of compensation has been issued in favour of the petitioners. Such notice is displayed at the locality naming other persons who have no right, title and interest in respect of the plots in question. The petitioners submitted a representation before the concerned authority in this regard on 20th January, 2023, which is yet to be considered. The petitioners pray for a

direction upon the concerned authority to consider the representation at the earliest.

It is submitted on behalf of the respondents that the 4th respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 4th respondent to consider and dispose of the representation submitted on behalf of the petitioners dated 20th January, 2023 within a period of one month from the date of communication of this order upon affording reasonable opportunity of hearing to all the interested persons including the petitioners and the persons named in the notice put up by the concerned authority in the locality, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereafter. With the above observations and directions this writ petition being WPA 2912 of 2023 is disposed of. However, there shall be 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)