Gopal Chandra Mukherjee And ORS. v. State Of West Bengal And ORS.

S/L 9 11.04.2025 Court. No. 19 Suvayan WPA 6041 of 2025 Gopal Chandra Mukherjee & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Subhas Chandra Atha ...for the petitioners.

Mrs. Sabnam De Bardhan Mrs. Kakali Naskar ...for the State.

1.

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

2. It is the grievance of the writ petitioners that though under cover of a letter dated 16.12.2024 (a copy of which has been annexed at page no. 16 of the instant writ petition) the writ petitioners approached the respondent no. 4/authority for consideration of his prayer for compensation for acquisition of the land particulars of which has been mentioned in the said letter, the respondent no. 4/authority did not take any steps whatsoever and practically sat tight over the matter and did nothing.

3. Mrs. De Bardhan, learned Advocate appearing on behalf of the respondents/State and its functionaries in course of her submission has filed a report dated 27.03.2025 as prepared by the respondent no.

4/authority. Mrs. De Bardhan while drawing attention of this to the said report has clearly indicated that as per the recent guideline as issued by the Additional Secretary to the Government of West

Bengal, L & LR & RR & R Department regarding payment of claim compensation in the old land acquisition cases as initiated under West Bengal (Requisition and Acquisition) Act, 1948 the writ petitioners are not entitled to any compensation for the reasons mentioned in Clauses (i) and (ii) of Paragraph 8 of the said report.

4. Such contention is strongly disputed by the learned Advocate for the writ petitioners.

5. On careful consideration of the entire materials as placed before this Court it reveals that no material could be placed before this Court that after receipt of the letter dated 16.12.2024 from the writ petitioners the respondent no. 4/authority had negatived the contention of the writ petitioners by passing a reasoned order.

6. In view of such, while disposing the instant writ petition this Court directs the respondent no. 4 to consider the letter dated 16.12.2024 as written by the writ petitioners to him as a representation of the writ petitioners and after giving an opportunity of hearing to the writ petitioners shall pass a reasoned order and shall forthwith communicate the same to the writ petitioners preferably by mail, if the mail details of the writ petitioners are submitted to him at the time of hearing.

7. It is further directed that the entire exercise as indicated in the foregoing paragraph is to be

completed within 60 working days from the date of communication of the server copy of this order.

8. Liberty is given to the learned Advocate for the writ petitioners to communicate the server copy of this order to the respondent no. 4 forthwith.

9. Respondent no. 4 is directed to act on the server copy of this order.

10. With the aforementioned observation, the instant writ petition being WPA 6041 of 2025 is disposed of.

11. 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.)