Dilip Maity And ORS. v. State Of West Bengal And ORS.
A. 32 09.06.2026 Court No.19 BP WPA 10346 of 2026 Dilip Maity & Ors.
-versus- The State of West Bengal and others Mr. Manish Kumar Das ..for the petitioners Mr. Nilanjan Bhattacharjee Ms. Jayita Dhar Chakraborty Mr. Rhitan Chatterjee ..for the State Mr. Ajay Gaggar Ms. Srijeeta Gupta ..for the Union of India Mr.
Bhattacharjee, learned Senior Standing Counsel, who usually represents the State and is present in Court today, is requested to appear in this matter along with a junior of his choice. Let the appointment of Mr. Bhattacharjee along with a junior of his choice be regularized by the concerned authority.
The petitioners allege that the property of the petitioners has been utilized for the purpose of laying down the railway tracks under Deshapran-Nandigram project. The petitioners allege that though the property of the petitioners has been utilized but compensation in respect thereof has not yet been paid to the petitioners. The petitioners claim to have submitted representations before various authorities which appears at page 31 of this writ petition.
The learned advocate appearing for the petitioners submits that in spite of receipt of such representation no decision on the petitioners' representation has been communicated to the petitioners till date.
The learned advocate appearing for the Railways submits that the Deputy Chief Engineer (Con)/Land, South Eastern Railway being the 5th respondent is the appropriate authority to take a decision on the issues raised by the petitioners in this writ petition. She however submits that no representation has been addressed to the 5th respondent.
It is however not in dispute that a copy of the representation has been served upon the Divisional Railway Manager, South Eastern Railway being the 6th respondent.
In view thereof, this Court directs the Divisional Railway Manager, South Eastern Railway being the 6th respondent to forward a copy of the representation which is annexed at page 31 of the writ petition to the Deputy Chief Engineer (Con)/Land, South Eastern Railway being the 5th respondent who shall immediately upon receipt of such representation consider the same and pass a reasoned order after affording an opportunity of hearing to the petitioners or their authorized representative and communicate the reasoned order to the petitioners as expeditiously as possible but positively within a period of eight weeks from the receipt of a server copy of this order
along with a copy of the representation which is annexed at page 31 of this writ petition. The petitioners are directed to communicate this order to the respondent nos. 5 and 6. If such authority decides in favour of the petitioners consequential steps in accordance with law shall be taken by such authority.
With the above observations, the writ petition stands disposed of.
There shall be however no order as to costs.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Hiranmay Bhattacharyya, J.)