Sk. Usiar Rahaman v. State Of West Bengal And ORS.

30.03.2022 30.03.2022 Ct. No.10 b.das WPA 8006 of 2021 Sk. Usiar Rahaman Vs.

The State of W.B. & Ors.

Mr. Satyajit Mandal Mr. A. N. Sen Mr. S. Naskar ...for the petitioner.

Mr. Ansar Mandal Mr. Sougata Mitra ...for the State.

Sk. Afrojul Haque ...for the respondent No.9.

It is contended on behalf of the petitioner that homestead land belonging to the petitioner's mother, since deceased, was acquired by the State authorities vide LA Case No.18/78-79 and one plot being Plot No.40 was verbally settled in favour of the erstwhile owner in 1993. The petitioner's mother filed representation before the concerned authority for allotment of the said plot in her favour which was disposed of by the District Magistrate, Purba Midnapore by an order dated 29th March, 2005 stating that the representation of the owner would be considered by the Chairman, Rehabilitation Advisory Committee, Haldia. In the meantime, the petitioner's mother expired and the petitioner being her legal heir stepped into her shoes.

The petitioner submitted a similar representation before the concerned authority on 14th December, 2020,

which is still pending. The petitioner prays for a direction upon the concerned authority to consider the representation at the earliest.

Having considered the submissions made on behalf of the parties and material on record, the writ petition is disposed of directing the 6th respondent herein to consider and dispose of the representation submitted by the petitioner dated 14th December, 2020 within a period of one month from the date of communication of this order, after giving reasonable opportunity of hearing to all the interested parties including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereafter. With the above observations and directions this writ petition being WPA 8006 of 2021 is disposed of. However, there shall be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)