Gopal Paul And ANR v. State Of West Bengal And ORS.

12.06.2023 12.06.2023 Ct. No.10 b.das WPA 11079 of 2023 Gopal Paul & Anr.

Vs.

The State of W.B. & Ors.

Mr. Kamalesh Bhattacharjee Mr. Kaushik Chatterjee Ms. Sutapa Sanyal Mr. A. Bhattacharjee ...for the petitioners.

Mr. Chandi Charan De Mr. A. Sarkar ...for the State.

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

Heard learned counsels for the parties.

The petitioners have contended that the plot in question was allotted to them by the 4th respondent upon acquisition of the same since they are immigrants who migrated into the State of West Bengal. The petitioners have been paying tax in respect of the said plot. The petitioners seek to submit a comprehensive representation before the 4th respondent for issuance of patta in their favour in respect of the plot in question and pray for direction upon the concerned authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 4th respondent be directed to consider the representation submitted by the petitioners, in accordance with law.

In view of the above, the writ petition is disposed of with liberty to the petitioners to submit a comprehensive representation before the concerned authority, being the 4th respondent herein, within two weeks from date. The 4th respondent is directed to consider and dispose of the representation within a period of six weeks from the date of receipt thereof after granting reasonable opportunity of hearing to all the stakeholders including the petitioners, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereof. Pending disposal of the application by the concerned authority, there shall be an order of status quo upon all the parties concerned with the plot in question in respect of possession, nature and character of the plot as on this date.

With the above observations and directions this writ petition being WPA 11079 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.)