Rajat Kumar Chaudhuri And ANR. v. State Of West Bengal And ORS.

N.22Sl 151/CL WPA 11830 of 2025 Sri Rajat Kumar Chaudhuri & Anr.

09.09.2025 SL-17 Ct.19 (S.R.) -vsThe State of West Bengal & Ors.

Mr. Prasenjit Debnath Mr. A. Sengupta ... for the petitioners.

Mr. Supratim Dhar, Sr. Adv.

Ms. Tuli Sinha ... for the State.

Mr. Sharnnyo Chatterjee Mr. Subhajit Barman ... for the respondent no. 5.

1.

The affidavit-of-service as filed today on behalf of the writ petitioners is taken on record.

2.

Mr. Debnath, learned advocate appearing on behalf of the petitioners in course of hearing has also handed over a copy of the memo dated 22.07.2025 has issued by the SPIO, Paschim Bardhaman. The same is also is taken on record.

3.

The writ petitioners, the respondent/State and its instrumentalities and the respondent no.5 are represented by their respective counsels.

4.

On careful perusal of the entire materials as placed before this Court and after hearing the learned advocates appearing for the contending parties, it reveals that the subject matter of dispute of the instant writ petition is 0.07 acres of land, which is situated in LR Plot No.1398 under Mouza - Ismail in District - Paschim Bardhaman.

5.

Materials have been placed before this Court to substantiate that the said 0.07 acres of land are at present recorded in Khatian No. 1 i.e., the collector's khatian.

6.

From the memo dated 22.07.2025 as issued by the SPIO, Paschim Bardhaman which has been filed by Mr. Debnath, it would reveal that the said L.R. Plot No. 1398 which corresponds to R.S. Plot Nos. 570, 571 and 1200 were requisitioned vide Collector's Order No. 7R/3/85-86 for construction of an arterial road within Asansol urban area and it further reveals from the said memo dated 22.07.2025 that the SPIO could not give any satisfactory reply as to whether the 0.07 acres of land in L.R. Plot No. 1398 was derequisitioned by the respondent no. 5/authority. 7.

In view of such, this Court while disposing the instant writ petition directs the respondent no. 3/authority to consider the representation of the writ petitioner dated 26.04.2025, a copy of which has been annexed at Page Nos. 47 to 54 of the instant writ petition in accordance with law and after giving due opportunity of hearing both to the writ petitioner and the respondent no. 5 and/or their authorized representatives shall pass a reasoned order on such representation dated 26.04.2025 and shall forthwith communicate such reasoned order both to the writ petitioner and the respondent no. 5 preferably by

email, if the mail details of the writ petitioner and the respondent no. 5 are provided to him at the time of hearing.

8.

The entire exercise as indicated in the foregoing paragraphs is to completed by the respondent no. 3/authority within 45 working days from the date of communication of the server copy of this order. 9.

Liberty is given to the learned advocate on record to communicate the server copy of this order to the respondent no. 3/authority.

10.

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

11.

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

12.

Before parting with, it is made clear that in the event while passing the reasoned order on the representation dated 26.04.2025 as submitted by the writ petitioner, the respondent no. 3 finds sufficient merit therein, he shall take appropriate steps for release of the aforementioned 0.07 acres of land from khatian no. 1 and shall also take appropriate steps for recording the names of the raiyats of the said plot of land forthwith.

13.

With the aforementioned observations, the instant writ petition is disposed of.

14.

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.)