Jiyad Ali Khan And ORS v. State Of West Bengal & ORS.

20.07.2023 20.07.2023 Ct. No.10 b.das WPA 7314 of 2019 Jiyad Ali Khan & Ors.

Vs.

The State of W.B. & Ors.

Mr. Dilip Kr. Samanta Ms. Tithi Paul ...for the petitioners.

Mr. Ayan Banerjee Mr. Sasthi Charan Dhara ...for the State.

Affidavit of service filed by the petitioners is taken on record.

Heard learned counsels for the parties.

The demand of royalty raised by the Block Land and Land Reforms Officer, Sutahata-I, Purba Medinipur on 13th March, 2019 for the period of 2016-2017 and 2017-2018 is assailed in the writ petition.

Learned counsel for the petitioners submits that the brick field in question was closed from April 2015 to October, 2018 and as such, the petitioners have sought exemption of the royalty claimed.

The petitioners seek to submit a comprehensive representation annexing relevant documents in support of their claim before the concerned authority and pray for direction upon the concerned authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 2nd respondent be directed to consider the

representation submitted by the petitioners, in accordance with law.

In view of the above, the writ petition is disposed of with liberty to the petitioners to submit a comprehensive representation annexing relevant documents thereto before the concerned authority, being the 2nd respondent herein, within three weeks from date. The 2nd respondent is directed to consider and dispose of the representation within a period of one month from the date of receipt thereof after granting reasonable opportunity of hearing to all the stakeholders including the petitioners, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereafter. 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.)