Basanti Jana v. The State Of West Bengal And ORS.

S/L 21 16.04.2025 Court. No. 19 Sourav WPA 7797 of 2025 Basanti Jana Vs.

The State of West Bengal & Ors.

Mr. Tapash K. Bhattacharya Mr. Aviroop Bhattacharya ... for the petitioner.

Mr. Chandi Charan De, Ld. AGP Ms. Reshma Chatterjee ... for the State.

1.

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

2.

At the time of hearing, Mr. Bhattacharya, learned advocate for the writ petitioner draws attention of this Court to the various paragraphs of the instant writ petition.

3.

It is submitted that after acquisition of the land which originally belonged to the writ petitioner an award was passed and a cheque was drawn in the name of the writ petitioner for payment of the awarded amount in the year 2016. It is submitted by Mr. Bhattacharya that since there was some discrepancy in the name of the writ petitioner in the said cheque as it differed with the spelling of name as appearing in the writ petitioner's bank passbook, the writ petitioner had to return the said cheque with a request to the respondents/authorities, more specifically, the respondent no. 2 to issue a proper cheque in the name of the writ petitioner by mentioning the correct name of

the writ petitioner in the said cheque which tallies with the name of the writ petitioner as appearing in her bank passbook.

4.

At this juncture, Mr. Bhattacharya draws attention of this Court to Page No. 23 of the instant writ petition being a copy of the letter dated 24.09.2024 as written by the writ petitioner whereby and whereunder the writ petitioner again requested the respondent no.

2/authority for issuing a fresh cheque in her name but the respondent no. 2/authority practically did nothing for the reason best known to him.

5.

On careful consideration of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties, this Court while disposing the instant writ petition directs the respondent no. 2/authority to consider the letter dated 24.09.2024 as a representation of the writ petitioner and after giving an opportunity of hearing to the writ petitioner and/or her authorized representative shall pass a reasoned order forthwith and in the event, the said respondent no. 2 finds sufficient merit in the said representation of the writ petitioner, he shall issue a cheque in the name of the writ petitioner towards awarded amount after due verification.

6.

It is made clear that 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.

7.

The respondent no. 2/authority is further directed to communicate its reasoned order to the writ petitioner either by Speed Post or by Special Messegner or by email, if the mail details are furnished by the writ petitioner at the time of hearing forthwith after passing the said reasoned order.

8.

Liberty is given to the learned advocate for the writ petitioner to communicate the server copy of this order to the respondent no. 2.

9.

The respondent no. 2/authority is hereby directed to act on the server copy of this order.

10. With the aforementioned observations, the instant writ petition being WPA 7797 of 2025 is disposed of. 11.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Partha Sarathi Sen, J.)