Arijit Kundu v. State Of West Bengal And ORS.

Item- A-19.

WPA 10079 of 2026 08-06-2026 Arijit Kundu Ct. 19

Versus

The State of West Bengal & Ors.

sg Mr. Kingsuk Mondal Sk. Omar Sharif Mr. Suman Das ...for the petitioner Mr. Nilanjan Bhattacharjee Mr. Dibasish Basu Mr. Rhitam Chatterjee ..for the State The petitioner alleges that the property of the petitioner being Dag No. 74, under Mouza Alisa, JL No. 44, within Police Station Burdwan Sadar, in the District of Purba Bardhaman, has been utilized for a public purpose but no compensation has been paid to the petitioner till date. The petitioner claims to have submitted a representation before various authorities including the Special Land Acquisition Officer, Purba Bardhaman by a letter dated 27th January, 2026.

The learned Advocate for the petitioner submits that no decision on such representation has been communicated to the petitioner till date.

Mr. Bhattacharjee, learned Senior Standing Counsel appears along with his junior and submits that though the land acquisition proceeding appears to have been initiated sometime in the year 1999, as would be evident from the said representation, the petitioner has approached this Court at a belated state.

However, the question arises whether the acquisition proceeding that was initiated sometime in the year 1999 was taken to its logical end. The larger issue would be whether the

State can deprive a citizen from its property without following due process of law.

Since the representation has been submitted by the petitioner ventilating his grievance, this Court feels that interest of justice would be sub-served if the concerned respondent authority is directed to consider the representation of the petitioner and to dispose of the same by passing a reasoned order within a specific time frame.

Without entering into the merits of the claim made by the writ petitioner in the representation dated 27th January, 2026, the writ petition stands disposed of by directing the Special Land Acquisition Officer, Purba Bardhaman, being the respondent no.5 to consider the representation of the petitioner dated 27th January, 2026 and to dispose of the same by passing a reasoned order after affording an opportunity of hearing to the petitioner or its authorized representative and communicate the reasoned order to the petitioner immediately thereafter. The entire exercise shall be completed by the said respondent as expeditiously as possible but positively within a period of six weeks from the receipt of a server copy of this order along with a copy of the representation dated 27th January, 2026.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Hiranmay Bhattacharyya, J.)