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Calcutta High CourtWPA/10343/2021disposed

Shambhu Ghosh v. State Of West Bengal And ORS.

2022-03-09Hon'Ble Justice Suvra Ghosh2 pages

March 09, 2022 ARDR (12) WPA 10343 of 2021 Shambhu Ghosh & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Falguni Bandyopadhyay, Ms. Riya Ballav, ...for the petitioners.

Mr. Soumitra Bandyopadhyay, Mr. Ram Chandra Guchait, ...for the State.

It is contended on behalf of the petitioners that the plot in question originally belonged to the predecessor-in-interest of the petitioners who gifted the said plot by virtue of a deed of gift dated 12th September, 1961 to the 4th respondent for the purpose of establishment of a project under the respondent authorities for welfare of the pregnant women, education to elderly uneducated persons, to promote programme for the children and technical education to ladies. Learned counsel for the petitioners submits that the said project was subsequently abandoned by the authorities. The petitioners seek return of the said land in their favour. The petitioners submitted a representation before the authority in this regard on 25th March, 2021 which has not been considered by the authority as yet. The petitioners pray for direction upon the authority to consider the representation at the earliest.

It is not in dispute that the concerned project has been subsequently abandoned. In view of the same, the writ petition is disposed of directing the 4th respondent to consider and dispose of the representation submitted by the petitioners dated 25th March, 2021 within a period of one month from the date of communication of this order after giving reasonable opportunity of hearing to all the effected parties including the petitioners, in accordance with law. The decision taken by the authority shall be communicated to the petitioners within a week thereof. With the above directions, WPA 10343 of 2021 is disposed of. However, there shall be no order as to costs.

Since no affidavits are invited, the allegations contained in this writ 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.)