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Calcutta High CourtWPA/11830/2024disposed

Sudhangshu Seal v. State Of West Bengal And ORS.

2025-07-01Hon'Ble Justice Partha Sarathi Sen3 pages

01.07.2025 Sl no. 99 Ct no. 19 P.M.

WPA 11830 of 2025 Sudhangshu Seal & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Sankar Paul, Mr. Arun Kumar Das, Ms. Kumari Shipra Roy ...for the petitioners Mr. Ayan Banerjee , Ms. Somashree Dey ...for the State

1. The writ petitioners and the State represented by the respective counsels.

2. After hearing the learned counsel for the writ petitioners, it appears that it is the grievance of the writ petitioners that the land belonging to the predecessorin-interest of the writ petitioners, particulars of which as mentioned in paragraph 26 of the instant writ petition has been acquired by the respondent authorities without initiating any valid process of acquisition and without disbursing any compensation either to the predecessor-in-interest to the writ petitioners or the present writ petitioners.

3. On being asked by this Court learned advocate for the writ petitioners candidly submits before this Court that

the writ petitioners have not approached the respondent No. 3 authority with any representation ventilating their grievances.

4. Learned advocate appearing on behalf of the State in his usual fairness submits before this Court that the respondent No. 3 authority may be directed to consider the representation of the writ petitioners if filed before him in accordance with law.

5. On careful perusal of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties this court grants liberty to the present petitioners to submit a comprehensive representation before the respondent No. 3 authority preferably within thirty working days from today.

6. Respondent No. 3 authority on receipt of such representation of the writ petitioner shall give a chance of hearing to the writ petitioners and/or their authorized representatives and shall pass a reasoned order on the representation of the writ petitioners and shall forthwith communicate the same to the writ petitioner preferably through mail, if the mail details of writ petitioners are provided to him at the time of hearing.

7. The entire exercise as indicated in the foregoing paragraph is to be completed within 60 working days

from the date of receipt of the representation of the writ petitioners.

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

9. Liberty is given to the learned advocate for the writ petitioners to communicate the server copy of this order to the respondent No. 3 authority.

10. The respondent No. 3 is directing to act on the server copy of this order.

11. Before parting with it is made clear that since affidavits have not been called for the instant writ petition, the allegations made in the instant writ petition are deemed to have been denied.

12. It is further made clear that all points including the points of delay, if there be, before the respondent No. 3 authority is hereby kept open.

13. With the aforementioned observation, the instant writ petition being WPA 11830 of 2024 is disposed of.

14. Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities.

( Partha Sarathi Sen, J.)