Janaki Jana v. State Of West Bengal And ORS.

M/L 85 31.07.2025 Court. No. 19 Sourav WPA 11320 of 2024 Smt. Janaki Jana Vs.

The State of West Bengal & Ors.

Mr. Debasish Das ... for the petitioner.

Mr. K. J. Yusuf, Ld. AGP Ms. Munmun Ganguly ... for the State.

1.

The writ petitioner has filed the instant writ petition being aggrieved on account of non-consideration of her representation dated 01.02.2024 as made by her with the respondent no. 3/authority.

2.

At the time of hearing, Mr. Das, learned advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to Page Nos. 55 and 56 of the instant writ petition, being a copy of the representation dated 01.02.2024 as submitted by the writ petitioner with the respondent no. 3/authority. It is submitted by Mr. Das that it is the specific case of the writ petitioner that initially for the purpose of widening the Contai-Belda road, 100ft. of land of both sides of the said road was acquired, however, the respondent/State subsequently, retained 50ft. land in both sides of the said road and relinquished the remaining 50ft. land each of both the sides of the said road in connection with Misc. Case No. 78/1953-54.

3.

Drawing attention to Page No. 27 of the instant writ petition, it is further submitted by Mr. Das that on

account of such relinquishment, a sketch map dated 20.08.1953 was prepared and a copy of which has been annexed to the instant writ petition. It is further submitted by Mr. Das that in the said representation dated 01.02.2024, the writ petitioner requested the respondent no. 3/authority to demarcate the land of the writ petitioner in terms of the said sketch map. 4.

Mr. Yusuf, learned advocate appearing on behalf of the respondent/State in his usual fairness submits before this Court that respondent no. 3/authority may be directed to consider the representation dated 01.02.2024 as submitted by the writ petitioner in accordance with law.

5.

On careful consideration of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties, this Court while disposing the instant writ petition directs the respondent no.

3/authority to consider the representation dated 01.02.2024 as submitted by the writ petitioner in accordance with law and after giving an opportunity of hearing to the writ petitioner and/her authorized representative shall pass a reasoned order and shall communicate the same forthwith to the writ petitioner preferably by mail, if the mail details of the writ petitioner is provided to him at the time of hearing. 6.

Liberty is given to the learned advocate on record for the writ petitioner to communicate the server copy of this order to the respondent no. 3/authority for his immediate compliance.

7.

The entire exercise as indicated hereinabove is to be completed by the respondent no. 3/authority within 120 working days from the date of communication of the server copy of this order.

8.

The respondent no. 3/authority is hereby directed to act on the server copy of this order.

9.

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

10. Before parting with, it is made clear that in the event, the respondent no. 3/authority finds sufficient merit in the representation dated 01.02.2024 as submitted by the writ petitioner, he is directed to demarcate the land of the writ petitioner in terms of the sketch map dated 20.08.1953.

11.

With the aforementioned observations, the instant writ petition being WPA 11320 of 2024 is disposed of. 12.

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

(Partha Sarathi Sen, J.)