Bibhuti Das And ORS v. State Of West Bengal And ORS.

S/L 10 26.08.2025 Court. No. 19 Sourav WPA 9259 of 2023 Sri Bibhuti Das & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Mukteswar Maity Ms. Manika Sarkar ...for the petitioners.

Mr. Chandi Charan De, AGP Mrs. Reshma Chatterjee ...for the State.

1.

The affidavit-of-service as filed today on behalf of the writ petitioners is taken on record.

2.

By filing the instant writ petition the writ petitioners have prayed for issuance of appropriate writ/writs against the respondent no. 6/authority to consider the representation of the writ petitioners in accordance with law since according to the learned Advocate for the writ petitioners, a substantial portion of the writ petitioners' land has been utilized by the respondent no. 6 without initiating any process of acquisition and without disbursement of adequate compensation. 3.

At the time of hearing, Mr. Maity, learned advocate appearing on behalf of the writ petitioners draws attention of this Court to Page No. 33 of the instant writ petition, being a copy of the memo dated 08.09.2020. It is submitted by Mr. Maity that from the said memo dated 08.09.2020, it would reveal that the writ petitioner no. 1 was directed by the respondent no. 5/authority to remain present at the time of joint field verification on 22.09.2020 at 2.00 p.m.

4.

It is further submitted by Mr. Maity that pursuant to such joint field verification, a joint field enquiry report was also submitted, a copy of which has also been annexed at Page No. 36 of the instant writ petition. 5.

Mr. De, learned AGP appearing on behalf of the State submits before this Court that justice would be served if the respondent no. 6 is directed to consider the representation in accordance with law.

6.

In view of such, while disposing the instant writ petition, this Court directs the respondent no. 6 to consider the representation of the writ petitioners as submitted on 08.10.2021 in accordance with law and after giving an opportunity of hearing to the writ petitioners and/or their authorized representative shall pass a reasoned order and to communicate the same preferably by mail, if the mail details of the writ petitioners are furnished to him at the time of hearing. 7.

The entire exercise as indicated hereinabove is to be completed within 60 working days from the date of communication of the server copy of this order. 8.

It is further ordered that in the event the respondent no. 6 finds sufficient merit in the representation of the writ petitioners he shall take appropriate steps for demarcation of land soon thereafter, which is to be completed within 30 days from the date of passing of a favourable reasoned order, if there be any.

9.

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

10.

Liberty is given to the learned advocate-on-record for the writ petitioners to communicate the server copy of this order to the respondent no. 6 for his information and immediate compliance.

11.

The respondent no. 6 is directed to act on the basis of the server copies of this order.

12.

With the aforementioned observation, the instant writ petition being WPA 9259 of 2023 is disposed of. 13.

Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.)