Srilswar Patna Alias Balisai Patna Harisamaj Committee v. State Of West Bengal And ORS.

18.11.2024 Sl. No. 38.

D/L.

Mithun Ct.No.39.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 6730 of 2023 Sri Sri Iswar Patna @ Balisai Patna Harisamaj Committee.

Vs.

The State of West Bengal & Ors.

Mr. Manoranjan Jana, Ms. Mitali Jana ..for the petitioner.

Mr. Soumitra Bandyopadhyay, Mr. Subhasis Bandyopadhyay ...for the State respondents.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

On the prayer of learned Advocate for the petitioner, leave is granted to implead Special Land Acquisition Officer, Purba Medinipur district as added respondent no.6.

Mr. Manoranjan Jana, learned Advocate appearing for the petitioner submits that Sri Sri Iswar Patna @ Balisai Patna Harisamaj Committee is the riyat of the concerned land comprised within Plot No. 447/669, 447/670 and 447/675, Mouza- Narandia, J.L. No.198 and is represented by its Secretary. The right, title and interest of the petitioner has been declared in Title Suit No.80 of 1965 in respect of the aforesaid land. A

notification was issued by the State authorities for acquisition. The petitioner made representation on 22nd November, 2022 for consideration of his representation pertaining to the acquisition of land. However, till date the same has not been considered and disposed of. He seeks for appropriate order for consideration of the petitioner's representation by added respondent no.6, Special Land Acquisition Officer, Purba Midnapur. Mr. Soumitra Bandyopadhyay, learned Advocate appearing for State respondents submits that direction be issued upon the Special Land Acquisition Officer, Purba Midnapur, added respondent no.6 to consider and dispose of the representation of the petitioner within a specified period.

In view of the above submissions, added respondent no.6, the Special Land Acquisition Officer, Purba Midnapur, is directed to dispose of the representation of the petitioner dated 22nd November, 2022 by a reasoned order within a period of 3 months from the date of communication of this order upon hearing the petitioner as well as other interested parties. Learned Advocate for the petitioner is directed to communicate this order along with copy of the writ petition to added respondent no.6, Special Land Acquisition Officer, Purba Midnapur,.

With the aforesaid observation, the writ petition stands disposed of.

It is made clear that this court has gone into the merits of the writ petition.

Since no affidavit has been called for, the allegations made in the writ petition is deemed to be not admitted.

All connected applications, if any, stand disposed of.

There will be, however, no order as to costs. Interim order, if any, stands vacated.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties.

(Bivas Pattanayak, J.)