Sekh Mustak Ali And ANR. v. State Of West Bengal And ORS.

April 22, 2025 Sl. No.10 Court No.19 s.biswas WPA 6423 of 2025 Sekh Mustak Ali and another vs.

The State of West Bengal and others Mr. Sankar Paul Ms. Shipra Roy ... for the petitioners Mr. Chandi Charan De, AGP Mr. Anirban Sarkar ... for the State

1. In course of hearing, Ms. Roy, learned advocate appearing for the petitioners, at the very outset draws attention of this court to page nos.12 to 13 of the instant writ petition being a copy of the letter dated 30.09.2024 addressed to the respondent no.2 and respondent no.6. It is submitted by Ms. Roy that under cover of the said letter dated 30.09.2024, it has been urged before the said two authorities that for the purpose of construction of metal road from Baksi to Kuliaghat, the PWD authority has utilized a substantial portion of land of the writ petitioners without taking any steps for acquisition of the said portion of the land and thus the petitioners were not awarded with any adequate compensation. It is further submitted on behalf of the writ petitioners that despite receipt of such letter the said respondents, namely;

the respondent no.2 and respondent no.6 sat tight over the matter and did nothing.

2. In course of hearing, Mr. Dey learned Additional Government Pleader appearing on behalf of the State and its functionaries submits before this court that the instant writ petition may be disposed of by directing the respondent no.6 to consider the letter dated 30.09.2024 as a representation of the writ petitioners and to pass a reasoned order thereon after giving a chance of hearing to the writ petitioners.

3. On careful consideration of the entire materials as placed before this court and after giving due opportunity of hearing to the learned advocates for the contending parties, this court directs the respondent no.6 to consider the letter dated 30.09.2024 as written by the writ petitioners as their representation. He is further directed to give an opportunity of hearing either to the writ petitioners or to their authorized representative and thereafter shall pass a reasoned order and shall communicate the same forthwith to the writ petitioners preferably by email, if the email details of the writ petitioners are provided to him at the time of hearing.

4. The entire exercise as indicated in the foregoing paragraph is to be completed within a period of 60 working days from the date of receipt of the server copy of this order.

5. Liberty is given to the learned advocate on record for the petitioners to communicate the server copy of this order to the respondent no.6, who is directed to act on the server copy of this order.

6. With the aforementioned observation, the instant writ petition is disposed of.

7. The parties shall act on the basis of the server copy of the order.

(Partha Sarathi Sen, J.)