Nurnehar Nessa Bibi v. State Of West Bengal And ORS.

September 6, 2023 ARDR (236) WPA 13291 of 2023 Nurnehar Nessa Bibi Vs.

The State of West Bengal & ors.

Adv. Md. Younush Mondal, ...for the petitioner.

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

None appears for the respondents despite service. Mr. Chandi Charan De, who usually appears for the State and is present in Court today, is requested to represent the State along with his junior Mr. Anirban Sarkar, Advocate in this matter.

Their appointment be regularised by the office of the learned Legal Remembrancer.

The petitioners are directed to serve copy of the writ petition along with annexures thereto upon Mr. Sarkar in course of this day.

The petitioner's grievance is that the respondents have utilised his land for the purpose of construction of pucca road but no compensation has been paid to him for the same. The petitioner submitted a representation in this regard before the concerned authority on 7th February, 2023 which 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 4th respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 4th respondent to consider and dispose of the representation submitted by the petitioner dated 7th February, 2023 within two months from the date of communication of this order upon affording reasonable opportunity of hearing to all the interested persons 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 aforesaid directions the writ petition, being WPA 13291 of 2023 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 on usual undertakings. (Suvra Ghosh, J.)