Calcutta High CourtWPA/9017/2022disposed

Nibedita Mahata And ORS v. State Of West Bengal And ORS.

2023-12-13Hon'Ble Justice Suvra Ghosh2 pages

13.12.2023 rc/ct.no.10 Item No.519 WPA No. 9017 of 2022 Nibedita Mahata & Ors.

Versus

The State of West Bengal & Ors.

Mr. Lalratan Mandal Mr. Dilip Kumar Sadhu ...for the petitioners Mr. Chandi Charan De Mr. Anirban Sarkar ...for the State Affidavit of service filed in Court is taken on record. On the prayer of the petitioners liberty is granted to implead the Executive Engineer, Kangsabati Canal Division No. V, Bidhannagar (East), P,O.- Midnapore, P.S.Kotwali, District - Paschim Midnapore as respondent no. 10 in the writ petition.

The cause title of this writ petition be amended accordingly.

Pursuant to an earlier order of this Court passed on December 16, 2021 in WPA No. 27062 of 2015 the Special Land Acquisition Officer, Paschim Midnapore took up the representation submitted by the petitioners for consideration and by an order passed on January 18, 2022, held that the issue fell within the jurisdiction of the 10th respondent. The Special Land Acquisition Officer requested the respondent no. 10 to get the subject plots of land measured in presence of the petitioners with the assistance of the concerned Block Land and Land Reforms

Officer and settle the dispute of the petitioners stated in his representation in accordance with law.

In view of the above, the writ petition is disposed of with liberty to the petitioners to file a fresh representation before the respondent no. 10 within two weeks from date. The 10th respondent is directed to consider and dispose of the representation of the petitioners within two months from the date of receipt thereof upon affording reasonable opportunity of hearing to all concerned including the petitioners, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. With the above observations and directions this writ petition is disposed of.

There shall however be no order as to costs.

Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)