Sm Kumudini Baidya v. State Of West Bengal And ORS.

January 06, 2022 ARDR (19) WPA 15223 of 2021 Sm. Kumudini Baidya Vs.

The State of West Bengal & Ors.

Mr. Sadhan Kumar Halder, ...for the petitioner.

Mr. Chandi Charan De, Mr. Anirban Sarkar, ...for the State.

It is contended on behalf of the petitioner that her land was requisitioned under the West Bengal Land (Requisition and Acquisition) Act, 1948 on 5th August, 1976 and the State Government took possession of the land for handing over the same to the requiring body for construction of principal market yard. The petitioner complains that the land has not been utilised till date and no compensation has also been paid to the petitioner for the same. The petitioner submitted a representation before the authority on 9th April, 2021 (Annexure P/3 to the writ petition) which is yet to be disposed of. The petitioner prays for a direction upon the authority to consider the representation at the earliest.

Upon considering the submissions made on behalf of the parties, the writ petition is disposed of directing the 4th respondent to consider and dispose of the representation filed by the petitioner dated 9th

April, 2021 within a period of two months from the date of communication of this order after giving reasonable opportunity of hearing to all the interested parties including the petitioner, in accordance with law.

WPA 15223 of 2021 is disposed of. However, there shall 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.)