Uttam Ghosh v. Union Of India And ORS.

24.09.2021 rc/ct.no.10 Item No.46 WPA No. 13566 of 2021 Sri Uttam Ghosh

Versus

Union of India & Ors.

(VIA VIDEO CONFERENCE) Md. Nure Zaman Sk. Morshed Ali ...for the Petitioner Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal ....for the State Mr. Rama Ghosh ....for the UOI Mr. Victor Chatterjee Mr. S. Bhattacharjee ...for the respondent no.4 On the prayer made by the learned counsel appearing on behalf of the petitioner, liberty is granted to the petitioner to add The Competent Authority, i.e. The Deputy Magistrate and The Deputy Collector, Indian Oil Corporation Limited as respondent no. 4 in the writ petition. The cause title of the writ petition be amended accordingly.

The petitioner complains that his land was acquired by the respondent no. 2 for installation of petroleum and mineral pipeline but no compensation has been granted to him till date.

It is submitted by the learned counsel appearing on behalf of the State-respondents that the entire compensation for the land was received by the petitioner's brother Patit Paban Ghosh on December 13, 2019.

Learned counsel appearing on behalf of the petitioner submits that the petitioner submitted representation before the authority ventilating his grievance on March 25, 2021 which has not been considered as yet. The petitioner prays for a direction upon the authority to consider such representation. Having considered the submissions made by the learned counsels appearing on behalf of the parties and the material on record, I dispose of the writ petition with a direction upon the respondent no. 4 to consider and dispose of the representation filed by the petitioner on March 25, 2021 within a period of three months from the date of communication of this order, after affording reasonable opportunity of hearing to all the affected parties including the petitioner, in accordance with law. With the above observations and directions this writ petition being WPA No. 13566 of 2021 is disposed of. There shall be, however, no order as to costs. Since no affidavit in opposition 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 on usual undertakings. (Suvra Ghosh,J)