Sk Ameen Ali v. State Of West Bengal And ORS.

25.08.2023 25.08.2023 Ct. No.10 b.das WPA 9744 of 2023 Sk. Ameen Ali Vs.

The State of West Bengal & Ors.

Mr. Tamal Taru Panda ...for the petitioner.

Affidavit of service filed by the petitioner is taken on record.

On prayer of the petitioner liberty is granted to expunge the name of 5th respondent the Chairman, Jhargram Municipality from the cause title of the writ petition. The cause title of the writ petition be amended accordingly.

None appears for the State respondents despite service.

Mr. Chandi Charan De, who usually appears for the State and is present in Court, is requested to represent the State in the matter. His appointment be regularized by the office of the learned Legal Remembrancer.

The petitioners should serve copy of the writ petition alongwith all annexures thereto to Mr. De in course of this day.

Heard learned counsels for the parties.

The petitioner contends that he has been residing with his family members in the plot in question which is vested land, for over 35 years.

The petitioner submitted a representation in this regard before the concerned authority on 20th March, 2020 seeking settlement of the plot in his favour, which is yet to be considered. The petitioner prays for a direction upon the concerned authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 2nd respondent be directed to consider the representation, in accordance with law.

In view of the above, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the representation submitted by the petitioner dated 20th March, 2020 within two months from the date of communication of this order, upon affording reasonable opportunity of hearing to all the stakeholders including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereafter. With the above observations and directions the writ petition being WPA 9744 of 2023 is disposed of. However, there shall 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)