Najrul Islam And ORS v. State Of West Bengal And ORS.
18.01.2022 sb Ct 10
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Through Video Conference) WPA 15472 of 2021 Najrul Islam & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Debjit Mukherjee, Mr. Rajendra Nath Barik .... For the petitioners.
Mr. Chandi Charan De, Mr. Anirban Sarkar.
... For the State.
Affidavit of service filed by the petitioners be taken on record.
It is contended on behalf of the petitioners that they purchased the land in question by virtue of a registered deed of sale dated 7th March, 2017 and found that the Border Security Force had raised construction in a portion of the said land by encroaching upon the land. On inquiry, the petitioners were informed by the respondent authorities that the land in question had already been acquired and compensation for the same paid to the owners. The vendors denied receipt of such compensation. The petitioners submitted representation before the competent authority in this regard on 14th November, 2019, which is yet to be disposed of. The petitioners pray for a direction upon the concerned
authority to consider the representation at the earliest. Having considered the submissions made on behalf of the parties and the material on record, the writ petition is disposed of directing the respondent no.5 to consider and dispose of the representation submitted by the petitioners dated 14th November, 2019 (Annexure P9 to the writ petition) within a period of three months from the date of communication of this order after giving reasonable opportunity of hearing to all the interested parties, including the petitioners, in accordance with law.
WPA 15472 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 supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)