Chittaranjan Bera v. Union Of India And ORS.

January 05, 2023 ARDR (11) WPA 8879 of 2022 Chittaranjan Bera Vs.

The Union of India & Ors.

Adv. Manish Kumar Das, Adv. Ziaul Haque, Adv. Himarri Mahato, ...for the petitioner.

Adv. Dibashis Basu, Adv. Arun Bandopadhyay, ...for the respondent nos. 9 to 11.

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

None appears for the State respondents despite service.

Ms. Srilekha Bhattacharyya, who usually appears for the State and is present in Court today, is requested to represent the State in this matter.

Her appointment be regularised by the office of the learned Legal Remembrancer.

The petitioner is directed to serve copy of the writ petition along with annexures thereto upon Ms. Bhattacharyya in course of this day.

Heard learned counsels for the parties.

It is submitted on behalf of the petitioner that the land of the petitioner was acquired for the purpose of laying railway track in Deshpran-Nandigram project. No compensation was paid to the petitioner for the same. The petitioner seeks liberty to submit a comprehensive

representation ventilating his grievance before the 6th respondent and prays for a direction upon the respondent to consider the representation at the earliest. Upon consideration of the submission made on behalf of the parties, the writ petition being WPA 8879 of 2022 is disposed of with liberty to the petitioner to submit such representation before the 6th respondent within seven days from date. The 6th respondent is directed to consider and dispose of the representation within one month from the date of receipt thereof upon affording reasonable opportunity of hearing to all the interested persons including the petitioner, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereof. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. There shall however, be no order as to costs. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J.)