Bikash Chandra Kayal v. The State Of West Bengal And ORS.

S/L 6 02.04.2025 Court. No. 236 Suvayan WPA 5968 of 2025 Bikash Chandra Kayal Vs.

The State of West Bengal & Ors.

Mr. Goutam Chakraborty Mr. Debashish Sankar Ms. Sonali Halder ...for the petitioner.

Mr. Chandi Charan De, AGP Mr. Anirban Sarkar ...for the State.

Mr. Subhankar Nag Mr. Aviroop Mitra ...for the respondent no. 3.

1. The affidavit-of-service as filed today is taken on record.

2. The writ petitioner, the respondent/State and its functionaries and the respondent no. 3 being the requiring body are represented by their respective learned Counsels.

3. After hearing the learned Counsels appearing for the parties it appears to this Court that it is the grievance of the writ petitioner that the respondent authorities had not considered the representation dated January 20, 2025 as submitted by the writ petitioner with the respondent authorities. It is submitted further on behalf of the writ petitioner that despite submission of such representation the respondent authorities pay no heed to it and has not done anything as per request made by the writ petitioner.

4. Per contra it is submitted on behalf of the respondent no. 3 that after observing due process of acquisition the property in question was handed over to the respondent no. 3/authority being the requiring body and the requiring body has already disbursed the requisite amount in favour of the respondent/State.

5. Mr. De, learned AGP appearing on behalf of the respondent/State and its functionaries submits before this Court that the Special Land Acquisition Officer is a proper and necessary party in the instant writ petition.

6. After hearing the learned Advocates for the contending parties it appears to this Court that justice would be served if liberty is given to the learned Advocate for the writ petitioner to add Special Land Acquisition Officer, South 24 Parganas be made as party respondent.

7. In view of such liberty is given to the learned Advocate-on-Record for the petitioner to amend the cause title in terms of the observation made hereinabove positively in course of this day.

8. On perusal of the entire materials as placed before this Court it appears that the instant writ petition may be disposed of by directing the added respondent no. 6 i.e.; Special Land Acquisition Officer, South 24 Parganas to consider the letter dated January 20, 2025 as issued by the writ petitioner in favour of the respondent no. 2 in accordance with law after giving due opportunity of hearing to the writ petitioner as

well as the respondent no. 3 and/or its authorized representatives and thereafter to pass a reasoned order on the aforementioned representation. The added respondent no. 6 is further directed to communicate its reasoned order both to the writ petitioner as well as to the respondent no. 3 soon thereafter.

9. Before parting with it is made clear that the entire process as indicated in the foregoing paragraph is to be completed by the added respondent no. 6 within three months from the date of communication of this order.

10. Liberty is given to the learned Advocate for the writ petitioner to communicate the server copy of this order along with a copy of the letter dated January 20, 2025 to the added respondent no. 6 forthwith. The added respondent no. 6 is directed to act on the server copy of this order.

11. With the aforementioned observation, the instant writ petition being WPA 5968 of 2025 is disposed of.

12. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.)