Manoranjan Mandal And ANR. v. The State Of West Bengal And ORS.

S/L 13 06.08.2025 Court. No. 19 Sourav WPA 8911 of 2024 Sri Manoranjan Mandal & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Kallol Guha Thakurta Mr. Wasim Rahaman ... for the petitioners.

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

1.

The affidavit-of-service as filed today on behalf of the writ petitioners is taken on record.

2.

At the time of hearing, Mr. Guha Thakurta, learned advocate appearing on behalf of the writ petitioners draws attention of this Court to paragraph no. 3 of the instant writ petition.

3.

It is submitted by Mr. Guha Thakurta that it is the specific case of the writ petitioners that the writ petitioner no. 2 is the owner of a portion of the land, particulars of which has been mentioned in paragraph no. 3 of the instant writ petition. It is submitted by Mr. Guha Thakurta that from Page no. 25 of the instant writ petition, it would reveal that the relevant plot no. 245 in Mouza - Ramchandrapur under P.S. Englishbazar stands receoded in the name of the writ petitioner no.2. 4.

It is further submitted by Mr. Guha Thakurta that it is the further case of the writ petitioners that the respondents/authorities have all on a sudden started using the land of the writ petitioner no. 2 without

initiating any valid process of acquisition and without disbursing any compensation.

5.

It is thus submitted by Mr. Guha Thakurta that appropriate relief/reliefs may be granted to the writ petitioner in terms of the prayers made in the instant writ petition.

6.

Per contra, Mr. De, learned AGP appearing on behalf of the respondent/State and its instrumentalities, however, opposes such submission.

7.

It is submitted by Mr. De that apart from some assertions as made in the instant writ petition, no materials could be placed before this Court on behalf of the writ petitioners to substantiate their allegations.

8.

On careful consideration of the entire materials as placed before this Court, this Court while disposing the instant writ petition permits the writ petitioner no. 2 to submit a comprehensive representation with the respondent no. 3/authority within a period of 30 working days from today.

9.

The respondent no. 3/authority on receipt of such representation, shall give a chance of hearing to the writ petitioner no. 2 and/or all stakeholders, if therebe any, and/or their authorized representatives and shall pass a reasoned order on such representation and shall forthwith communicate the same to the writ petitioners and the other stakeholders, if therebe any, preferably by mail, if the email details of the writ petitioners and other stakeholders, if therebe any, are provided to him at the time of hearing.

10. The entire exercise as indicated in the foregoing paragraph, is to be completed within 120 working days from the date of receipt of the comprehensive representation from the writ petitioner no. 2. 11.

The time limit as fixed by this Court is mandatory and peremptory.

12.

Liberty is given to the learned advocate on record to communicate the server copy of this order to the respondent no. 3/authority.

13.

The respondent no. 3/authority is directed to act on the server copy of this order.

14.

With the aforementioned observations, the instant writ petition being WPA 8911 of 2024 is disposed of. 15.

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.)