Prabhat Ghosh v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 7 05.3.2025 Sc Ct. no.2 WPA 9530 OF 2024 with I.A. No. CAN 1 OF 2024 -------------- Prabhat Ghosh Vs.

The State of West Bengal & Ors.

Mr. Asis Bhattacharyya .... For the Petitioner Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal.

.... For the Respondents State Affidavit-of-service, filed in Court today, is taken on record.

Mr. Asis Bhattacharyya, learned counsel appears for the petitioner.

Mr. Soumitra Bandyopadhyay, learned Senior State Counsel appears for the respondents State. None appears for the Pradhan and the respondent nos. 6 to 10, despite notice.

Considering the allegation made in this writ petition and considering that the petitioner has already submitted a representation before the respondent no.2 at page 22 to the writ petition and since the same has not been decided, the same is required to be decided. In view of the above, the respondent no.2 is directed upon issuing a prior hearing notice to the

petitioner, the Pradhan of the concerned panchayat and the private respondent nos. 6 to 10 and after granting them an opportunity of hearing shall decide the said representation at page 22 to the writ petition by passing a reasoned order in accordance with law. The entire exercise as directed above, shall be carried out and completed by the respondent no.2 within a period of eight weeks from the date of communication of this order and the reasoned order shall be communicated to the petitioner, the Pradhan of the concerned Panchayat and the respondent nos. 6 to 10 positively within a further period of two weeks from the date of the said reasoned order to be passed.

It is made clear that, this Court has not gone into the merits of the contentions of the petitioner or the rival contentions of the respondents and they shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to reply upon before the respondent no.2. It is made clear that, this order shall not create any right or equity in favour of the any of the parties if they do not succeed to their respective contentions strictly in accordance with law.

If necessary, the Block Land & Land Reforms Officer shall also conduct a physical inspection of the alleged land in presence of the petitioner, the Pradhan and the respondent nos. 6 to 10 and shall prepare a

report and shall serve the report upon the said parties before hearing shall commence before it.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 9530 of 2024 along with I.A. No. CAN 1 of 2024 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)