Subodh Majumder v. State Of West Bengal & ORS

jdt.

02.12.2021 jb.

W.P.A. 3216 of 2019 Sri Subodh Majumder vs.

State of West Bengal & Ors.

Mr. Uday Sankar Sarkar Mr. Ritarik Pattanayak Mr. Suman Das Adhikary .... For the Petitioner Mr. Chandi Charan De Mr. Anirban Sarkar .... For the State Heard learned counsels for the parties.

The petitioner submits that he is a lessee in respect of the land in question by virtue of deed of lease executed by the erstwhile lessee Chinmoy Guha Thakurta in 1990. The petitioner applied before the respondent Authority for regularization of such transfer in his favour and mutation of his name in the records, but the said application remained unattended. The application was taken up for consideration in compliance with order dated 13th November, 2018 passed by a co-ordinate Bench of this Court in W.P. 2928(W) of 2007 by the Estate Manager, Kalyani Urban Development Department, Government of West Bengal

and it was disposed of vide order dated 16th January, 2019. The petitioner complains that the representation filed by the petitioner was not disposed of in compliance with the order of the Hon'ble Court and the relevant Government notifications which were directed to be taken into consideration were not considered. The petitioner prays for reconsideration of his application in terms of the order of this Court.

Learned counsel for the State also submits that the Estate Manager be directed to reconsider the application of the petitioner in terms of the Court order. Having considered the submissions made on behalf of the parties and material on record, the writ petition is disposed of with a direction upon the Estate Manager, Kalyani, Urban Development Department, Government of West Bengal, the respondent No. 3 herein to reconsider the application filed by the petitioner dated 17th July, 2001 in terms of the order of this Court dated 13th November, 2018 in W.P. 2928(W) of 2007 within a period of three months from the date of communication of this order, after affording reasonable opportunity of hearing to the interested parties including the petitioner, in accordance with law. W.P.A. 3216 of 2019 is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)