Rajarshi Roy v. State Of West Bengal And ORS.

January 02, 2023 ARDR (35) WPA 4617 of 2022 Rajarshi Roy Vs.

The State of West Bengal & Ors.

Adv. Amit Baran Dash, Adv. Jayanta De, Adv. Ankana Sarkar, ...for the petitioner.

Adv. Soumitra Bandyopadhyay, Adv. P. B. Mahato, ...for the State.

Affidavit of service filed by the petitioner is taken on record.

None appears for the 5th respondent despite service. Heard learned counsels for the parties.

The petitioner claims to be the recorded owner of land in plot no.27, Khatian no. 1611, J.L. no. 6, Mouza - Tiluri, P.S. Saltora in district Bankura measuring about 2 acres which was acquired by the State respondents for the purpose of laying gas pipe line through the said land for the project Jagadishpur-Haldia Bokaro Dhamra Natural Gas Pipe Line. The petitioner complains that no compensation has been paid for the same despite representations made by the petitioner before the concerned authority. One such representation was made by the petitioner before the 4th respondent which was received by the latter on 7th March, 2022. The petitioner prays for a direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the State 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 by the petitioner which was received on 7th March, 2022 within one month from the date of communication of this order upon affording reasonable opportunity of hearing to all the interested persons including the petitioner, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereof. It is made clear that this Court has not gone into the merits of the case and the authority shall be at liberty to deal with the representation submitted by the petitioner independently on merits in accordance with law without being influenced by any observation which may have been made in this order.

With the aforesaid observations and directions, WPA 4617 of 2022 is disposed of.

Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. There shall however, be no order as to costs. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J.)