Manasi Roy v. State Of West Bengal And ORS.
58 06.3.2025 AB Ct. no.2 WPA 4488 OF 2025 -------------- Smt. Manasi Roy Vs.
The State of West Bengal & Ors.
Mr. Debasish Das ... For the Petitioner Mr. Chandi Charan De, ld. Addl. Govt. Pleader Mr. Anirban Sarkar ... for the State Affidavit of service filed in Court today, is taken on record.
Mr. Debasish Das, learned counsel appears for the petitioner.
Mr.
Chandi Charan De, learned Additional Government Pleader with Mr. Anirban Sarkar, learned counsel appears for the respondents.
The grievance of the petitioner is that, though a portion of the land of the petitioner has been acquired in connection with L.A. case no. 3 of 1946-47, the same has not been demarcated and still stands merged with the unacquired portion of the petitioner's land. The petitioner claims demarcation. The petitioner has referred to a sketch map prepared by the authority on August 20, 1953 showing the acquired and un-acquired part of the land. The petitioner has submitted its representation dated January 8, 2025, annexure P-9 at page 55 to the writ petition claiming demarcation but there is no development on the same.
In view of the above, the respondent no. 3 upon issuing a prior hearing notice of at least seven days to the petitioner and interested parties on the land, if any, and after granting them an opportunity of hearing shall dispose of the said representation dated January 8, 2025 at page 55 to the writ petition by passing a reasoned order in accordance with law.
The entire exercise shall be carried out and completed by the respondent no. 3 positively within a period of eight weeks from the date of communication of this order. The reasoned order shall be communicated to the petitioner and interested parties on the land, if any, within a period of one week from the date of the said reasoned order to be passed.
It is made clear that, this Court has not gone into the merits of the claim of the petitioner and the other interested parties on the land, if any, and they shall be at liberty to produce whatever records and documents they wish to produce before the respondent no. 3 for the purpose of demarcation of the acquired land on the basis of the existing land records.
In the event, the respondent no. 3 feels to carry out any physical inspection on the land the same shall be done and a report shall be prepared in presence of the petitioner and interested parties on the land, if any. The petitioner and such interested parties, if any, shall render all necessary co-operation in this regard.
The respondent no. 3 then shall complete the demarcation of the acquired portion of the land strictly in accordance with law within the aforesaid period of eight weeks.
Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
With the above observations and directions this writ petition, WPA 4488 of 2025 stands disposed of, without any order as to costs.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)