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Calcutta High CourtWPA/7389/2025disposed

Aloknath Pal v. State Of West Bengal And ORS.

2025-04-21Hon'Ble Justice Partha Sarathi Sen3 pages

12. 21.04.2025 Court No.19.

(Pritam) WPA 7389 of 2025 Aloknath Pal -Vs.- State of West Bengal & Ors.

Mr. Udaynarayan Betal, Mr. Mriganka Patra, Md. Goam Nure Imrohi ....for the petitioner.

Mr. Supratim Dhar, Sr. Adv., Ms. Tuli Sinha ...for the State.

1. The affidavit-of-service as filed in court today be taken on record.

2. Liberty is given to the learned advocate-on-record to add Special Land Acquisition Officer, Murshidabad as party respondent no.6 positively in course of this day in court.

3. On careful consideration of the entire materials as placed before this court, it reveals that it is the grievance of the writ petitioner that in respect of LR Bata Plot No.3389/6223 through the declaration under Section 6 of Act I of 1894 was published on February 2, 2010 but till date no award has been passed in favour of the writ petitioner. It is further the grievance of the writ petitioner that in the meantime, the aforementioned plot of the writ petitioner was

substantially utilized by the respondents/authorities. It is further submitted on behalf of the writ petitioner that despite submission of the representation dated February 4, 2025 (a copy of which has been annexed at page no.25 to 27) for awarding and disbursing compensation, the respondent authorities did nothing and sat tight over the matter.

4. Per contra, Mr. Dhar, learned senior counsel appearing on behalf of the respondents/State and its functionary submits before this court that the writ petitioner has not made any representation before the added respondent no.6, i.e., the Special Land Acquisition Officer, Murshidabad.

5. In view of such, while disposing of the instant writ petition, this court directs that the added respondent no.6, i.e., is the Land Acquisition Officer, Murshidabad to consider a copy of the instant writ petition as a representation of the writ petition.

6. The added respondent no.6 is hereby further directed to give an opportunity of hearing either to the writ petitioner or to his legal representative and thereafter shall pass a reasoned order on the basis of such representation and shall forthwith communicate the same to the writ petitioner preferably by mail, if the mail details of the writ petitioner is provided to him at the time of hearing.

7. It is further directed that the entire exercise as indicated in the foregoing paragraph has to be completed within 90 working days from the date of the communication of server copy of this order along with a copy of the instant writ petition.

8. Liberty is given to the learned advocate-on-record to communicate the server copy of the instant order along with the copy of the instant writ petition to the respondent no.6. The added respondent no.6 is directed to act on the server copy of this order.

9. With the aforementioned observation, the instant writ petition being WPA 7389 of 2025 is disposed of. (Partha Sarathi Sen, J.)