Pusporenu Banik v. The State Of West Bengal And ORS.

S/L 9 08.04.2025 Court. No. 19 Sourav WPA 4001 of 2025 Pusporenu Banik Vs.

The State of West Bengal & Ors.

Mr. Sandip Ray ... for the petitioners.

Mr. Lalit Mohan Mahata, Ld. AGP.

Mr. Ziaul Haque ... for the State.

1.

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

2.

At the time of hearing, Mr. Ray, learned advocate for the writ petitioner at the very outset draws attention of this Court to Page No. 18 to Page No. 42 of the instant writ petition being a photocopy of the deed of conveyance dated 16.12.2024 in the name of the writ petitioner as purchaser whereby and whereunder according to the writ petitioner, she has purchased 5 Cottahs 6 Chittacks of land together with a tile shaded building measuring about 100 sf. in L.R. Plot No. 776 corresponding to R. S. Plot No. 662 in L.R. Khatian No. 16, 376, 578 and 815 in Mouza - Sampa Mirzanagar. 3.

It is submitted by Mr. Ray that since the writ petitioner faced difficulty in mutating her name in the land revenue record, the writ petitioner filed a RTI application and in reply thereto, the SPIO and Assistant Land Acquisition Officer, South 24 Parganas under cover of his letter dated 19.09.2024 stated that no information/record is available with the Housing

Department as to whether the purchased plot of land of the writ petitioner was under consideration for land acquisition/award/for disbursement of compensation/for cancellation of land acquisition process.

4.

At this juncture, Mr. Ray draws attention of this Court to Page No. 54 of the instant writ petition being a copy of the letter dated 27.01.2025 as addressed to the respondent nos. 3 and 5 requesting them to intimate the writ petitioner regarding the status of the purchased land of the writ petitioner with a further request to take steps for release of the land if at all acquired in the meantime and is being used by the Housing Department. It is the case of the writ petitioner that despite receipt of such letter which has been sent under Speed Post, the respondent nos. 3 and 5 sat tight over the matter and did nothing.

5.

It is thus submitted by Mr. Ray that an appropriate order may be passed commanding the respondent nos. 3 and 5 to take effective steps pursuant to the letter dated 27.01.2025 as issued by the writ petitioner. 6.

After careful consideration of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties, this Court while disposing the instant writ petition directs the respondent no. 3 to consider the letter dated 27.01.2025 as written by the writ petitioners as a representation of the writ petitioner and thereafter

giving an opportunity of hearing either to the writ petitioner or to his authorized representative shall pass a reasoned order on such representation and shall communicate the same soon thereafter preferably by mail, if the mail details of the writ petitioner is provided to him at the time of hearing.

7.

It is made clear that the entire exercise as indicated in the foregoing paragraph is to be completed within 90 working days from the date of communication of the server copy of this order.

8.

Liberty is given to the writ petitioner no. 2 to communicate the server copy of this order to the respondent no. 3 forthwith.

9.

The respondent no. 3 is directed to act on the server copy of this order.

10. It is, however, made clear that this Court has not gone into the merit of the letter dated 27.01.2025 11.

With the aforementioned observations, the instant writ petition being WPA 4001 of 2025 is disposed of. 12.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Partha Sarathi Sen, J.)