Prafulla Samanta v. State Of West Bengal And ORS.

November 29, 2022 ARDR (52) WPA 14222 of 2022 Prafulla Samanta Vs.

The State of West Bengal & Ors.

Adv. Bhagbat Chowdhury, Adv. Subrata Mukherjee, ...for the petitioner.

Adv. Chandi Charan De, Adv. Soumitra Bandyopadhyay, Adv. Anirban Sarkar, ...for the State.

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

None appears for the Haldia Municipality despite service.

It is contended on behalf of the petitioner that the petitioner's land was acquired in connection with construction of Haldia Dock Complex vide L.A. case no. 2 of 1973-74 and compensation was paid to the petitioner for the same. Subsequently, the petitioner learnt about a scheme of the Haldia Municipal authority for providing alternative house site to the dispossessed persons whose homesteads were acquired. The petitioner being a land loser and possessing land loser's certificate, submitted several representations before the concerned authority for grant of alternative house site as a displaced person but to no effect. The petitioner prays for a direction upon the authority to consider the representation submitted by him on 6th January, 2022.

Upon consideration of the submission made by the petitioner and the State respondents, the writ petition is disposed of directing the 6th respondent to consider and dispose of the representation submitted by the petitioner dated 6th January, 2022 within two months from the date of communication of this order after 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, WPA 14222 of 2022 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.)