Calcutta High CourtWPA/4757/2022disposed

Paresh Sardar And ORS v. The State Of West Bengal And ORS.

2022-12-14Hon'Ble Justice Suvra Ghosh2 pages

jdt.

14.12.2022 jb.

W.P.A. 4757 of 2022 (Paresh Sardar & Ors. vs. State of West Bengal & Ors.) Mr. Himangshu Ghosh Mr. Hemanta Kr. Das .... For the Petitioners Mr. Supratim Dhar .... For the State Affidavit of service filed on behalf of the petitioners and the report submitted on behalf of the State respondents are taken on record.

It is submitted on behalf of the petitioners that though the land of the petitioners was acquired by the State respondents, no notice was served upon them, nor any compensation paid.

The petitioners submitted a representation before the concerned authority on 27th January, 2022 which is yet to be considered. The petitioners pray for a direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that no portion of the land of the petitioners has been acquired by the authority, nor do the names of the petitioners appear in the award itself.

Be that as it may, since the representation submitted by the petitioner is pending before the authority, the concerned authority, being the 4th respondent herein be directed to consider the same, 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 dated 27th January, 2022 within a period of eight weeks from the date of communication of this order after affording reasonable opportunity of hearing to the interested persons including the petitioners, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereof. The writ petition 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.)