Jahar Ali And ORS. v. State Of West Bengal And ANR.

S/L 7 09.09.2025 Court. No. 19 Sourav WPA 8673 of 2025 With CAN 1 of 2025 Jahar Ali & Ors.

Vs.

The State of West Bengal & Anr.

Mr. Haradhan Mondal ... for the petitioners.

Mr. Soumitra Bandyopadhyay, Sr. Govt. Adv.

Mr. Srinath Singha Roy ... 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. Mondal, learned advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to Page No. 9 of the instant writ petition, being a copy of the notice for acquisition of land of the predecessor-in-interest of the writ petitioners as has been issued in the name of the predecessor-in-interest of the writ petitioners under Act II of 1948.

3.

Drawing attention to Page No. 18 of the instant writ petition, being a copy of the representation dated 26.03.2025 as submitted on behalf of the writ petitioners, it is further submitted by Mr. Mondal that under cover of the said letter dated 26.03.2025, a request was made to the respondent no. 2/authority to take appropriate steps for disbursement of compensation to the writ petitioners for the said

acquisition process which is not adhered to by the respondent no. 2/authority.

4.

Mr.

Bandyopadhyay, learned senior government advocate appearing on behalf of the respondent/State and its instrumentalities contended that no relief should be granted to the writ petitioners since the writ petitioners have miserably failed to explain their delay and laches for exercising high prerogative jurisdiction of this Court.

5.

On careful perusal of the entire materials as placed before this Court, this Court finds sufficient justification in the submission of Mr. Bandyopadhyay, however, considering the fact that the writ petitioners'

representation dated 26.03.2025 was not adhered to by the respondent no. 2/authority, this Court while disposing the instant writ petition directs the respondent no. 2/authority herein to consider the representation dated 26.03.2025 as submitted by the writ petitioners in accordance with law and after giving due opportunity of hearing to the writ petitioners and/or their authorized representatives shall pass a reasoned order and shall communicate the same forthwith to the writ petitioners preferably by email, if the mail details of the writ petitioners are provided to him at the time of hearing.

6.

The entire exercise as indicated hereinabove is to be completed by the respondent no. 2/authority within 90 working days from the date of communication of the server copy of this order.

7.

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

8.

The respondent no. 2/authority is hereby directed to act on the basis of the server copy of this order. 9.

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

10. Before parting with, it is further made clear that in the event while passing the reasoned order, the respondent no. 2/authority finds sufficient justification in the representation dated 26.03.2025 as submitted on behalf of the writ petitioners, he shall forthwith take appropriate steps for disbursement of adequate compensation in favour of the writ petitioners in accordance with law.

11.

With the aforementioned observations, the instant writ petition being WPA 8673 of 2025 is disposed of. 12.

With the disposal of the instant writ petition, the interlocutory application being CAN 1 of 2025 is also disposed of.

13.

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.)