Kushmandi Block Fishermens Cooperative Society Ltd. & ANR v. State Of West Bengal & ORS

13.09.2021 13.09.2021 Ct. No.10 b.das W.P.A. 3365 of 2019 (Via Video Conference) Kushmandi Block Fishermens Co-operative Society Ltd. & Anr. Vs.

State of W.B. & Ors.

Mr. Debasish Banerjee ..for the petitioners.

Mr. Srijan Nayak Ms. Rituparna Maitra ...for the State.

Mr. Suddhasatva Banerjee Mr. Supratik Roy ...for the added respondents.

The parties are represented.

Report filed by the State is taken on record. Heard learned counsels for the parties.

It is submitted on behalf of the petitioners that a portion of a pond has been vested with the State and the remaining portion is owned by the petitioners. The petitioners filed applications before the respondent No.1 for lease of the vested portion of the pond on 4th July, 2016 and 24th December, 2018. But both these applications have not been considered by the respondent No.1 till date.

The petitioners submit that such application be considered by the respondent No.1 or any competent authority under the State respondent after hearing all the parties concerned.

Having considered the submissions made on behalf of the parties and considering the material on record, I dispose of the writ petition with a direction upon the respondent No.1 to consider and dispose of the applications filed by the petitioners on 4th July, 2016 and 24th December, 2018 after affording an opportunity of hearing to all the affected parties including the petitioner, within a period of three months from the date of communication of this order, in accordance with law. It is submitted on behalf of the petitioners and the respondent No.8 that the petitioners, respondent No.8 and Big Big Fish Production Group are the interested parties. Notice be served upon such parties by respondent No.1 or any authority authorized by it prior to considering the applications.

WPA 3365 of 2019 is disposed of. There will be no order as to costs.

As affidavits have not been invited, the allegations made in this writ 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.)