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Calcutta High CourtWPA/11628/2022disposed

Biswanath Chatterjee v. State Of West Bengal And ORS.

2024-04-01Hon'Ble Justice Suvra Ghosh3 pages

01.04.2024 rc/ct.no.10 Item No.35 WPA No. 11628 of 2022 Sri Biswajit Chatterjee

Versus

The State of West Bengal & Ors.

Mr. Raju Mondal Mr. Monojit Chakraborty ...for the petitioner Mr. Rajendra Chaturvedi ...for the State Affidavit of service filed in Court today is taken on record.

It is contended on behalf of the petitioner that he was granted long term mining lease for a period of 5 years vide a deed of lease registered on September 04, 2013. Possession of the plot could not be handed over to the petitioner since it was detected that a concrete bridge was proposed to be constructed near the leasehold area allotted to the petitioner. Petitioner submitted an application before the Additional District Magistrate and District Land and Land Reforms Officer, Rajbati, Burdwan on April 17, 2017 in this regard pursuant to which the Additional District Magistrate and District Land and Land Reforms Officer requested the Block Land and Land Reforms Officer, Raina-II, Purba Burdwan to vet the sketch maps submitted by the petitioner at the earliest. No further communication being made to the petitioner by the authority, the petitioner submitted a representation before the Block

Land and Land Reforms Officer, Raina-II, Purba Burdwan on March 15, 2022 requesting immediate steps for vetting the sketch maps and sending the same to the concerned office. The representation is yet to be considered. The petitioner prays for a direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 5th respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 5th respondent to consider and dispose of the said representation submitted by the petitioner on May 15, 2022 within a period of six weeks from the date of communication of this order, after giving 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 thereof. With the above observations and directions this writ petition is disposed of.

There shall however 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 furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)