Mahadeb Sahoo v. State Of West Bengal And ORS.

SK Ct. No. 18 10.03.2021 W.P.A. No. 5657 of 2021 (Via Video Conference) Sri Mahadeb Sahoo Vs.

The State of West Bengal & Ors.

Mr. Supratick Syamal ... For the petitioner. Mr. Ansar Mandal, Ld. Addl. Govt. Pleader, Mr. Sougata Mitra ... For the State respondents. Affidavit of service filed in Court today be kept with the record.

The petitioner was in unauthorized occupation of the Government land and he was removed from there in execution of the construction of High Level Bridge on the river of Hatania-Doania.

The petitioner has been awarded compensation for his dispossession from his said land, a part of such compensation has already been paid to the petitioner. The grievance of the petitioner is that he through his learned advocate on October 19, 2020 has given a representation to the all authorities praying disbursement of the rest of the compensation awarded in his favour but the authorities till date did not respond to the said representation of the petitioner. The petitioner therefore prays that the authorities may be directed to dispose of the said representation within a specific period.

Mr. Ansar Mandal, learned Additional Government Pleader appears on behalf of the State respondents

and submits that the Additional District Magistrate (L.A.) District 24 Parganas (South), the respondent no. 2 herein being the competent authority under the National Highways Act, 1956 is to consider the said representation of the petitioner.

W.P.A. 5657 of 2021 is disposed of by directing upon the said respondent no. 2 to consider and dispose of the representation of the petitioner given through his learned advocate which is appearing at page 14 being 'Annexure P-3' in accordance with law by a reasoned order within a period of eight weeks from the date of communication of this order. The said respondent, if necessary shall give an opportunity of hearing to the petitioner.

The petitioner is required to serve a complete copy of this writ petition along with the copy of this order to the said respondent no. 2 within a week from date. Since no affidavit-in-opposition has been invited the allegations made in the writ petition are deemed to have been denied by the respondents.

No order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)