Sk. Khurshed Ali v. State Of West Bengal And ORS.

04.03.2021 Item No. 24.

(P.Jana) (Via Video Conference) WPA 5837 of 2021 Sk. Khurshed Ali -Vs- The State of West Bengal & ors.

Mr. Ziaul Haque, Mr. Mazhar Hossain Chowdhury, ... for the petitioner.

Mr. Ansar Mondal, Mr. Sougata Mitra, ... for the State respondents.

Affidavit of service filed on behalf of the petitioner in Court today be kept with the record.

The petitioner claims that his land in execution of the Project of Establishment of Haldia Dock was acquired in LA Case No. 05/70-71 and being landloser in the said acquisition proceeding he is entitled to be rehabilitated in a plot of land.

The petitioner has made a representation to the Additional District Magistrate, Purba Medinipur, the respondent no. 4 herein praying such rehabilitation. The said representation dated December 2, 2020 is appearing at page 27 being Annexure P-9 to the writ petition.

The grievance of the petitioner is that the said respondent has not yet disposed of the said representation.

Mr. Ansar Mondal, learned counsel appearing for the State respondents, submits that the respondent no. is an appropriate authority to consider the representation of the petitioner.

Under such circumstances, the respondent no. 4 is directed to consider the said representation of the petitioner in accordance with law and to dispose it of by a reasoned order within a period of six months from the date of communication of this order.

It is made clear that this Court has not gone into the merit of the claim of the petitioner.

WPA 5837 of 2021 is thus disposed of. No order as to costs.

The petitioner is required to serve a complete copy of the writ petition along with the copy of this order upon the respondent no. 4 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.

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

(Biswajit Basu, J.)