Malay Kumar Maity v. State Of West Bengal & ORS

24.09.2021 jb.

W.P.A. 4431 of 2020 (Malay Kr. Maity vs. State of West Bengal & Ors.) Mr. Manoranjan Jana .... For the Petitioner Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal .... For the State The allegation of the petitioner is that portion of his land has been utilised by the State authorities for construction of embankment without acquiring land in due process of law. The petitioner submitted a representation before the State authorities on 29th November, 2017 expressing his grievance, but the said representation has not been considered till date. The petitioner prays for a direction upon the Executive Engineer, Irrigation and Waterways Department, Kakdwip, South 24 Parganas (respondent No. 6) to consider the representation.

Having considered the submissions made on behalf of the parties and material on record I dispose of the writ petition with a direction upon the respondent No. 6 to consider and dispose of the representation filed by the petitioner on 29th November, 2017 within a

period of three months from the date of communication of this order after affording opportunity of hearing to all the affected parties including the petitioner, in accordance with law. The respondent No.6 is requested to pass a reasoned order on merits independently and communicate such order to the petitioner within a week of the order.

W.P.A. 4431 of 2020 is 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 formalites.

(Suvra Ghosh, J.)