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Calcutta High CourtWPA/15572/2021disposed

Dilip Kumar Bhattacharya@Bhattacharjee And ORS v. State Of West Bengal And ORS.

2021-11-26Hon'Ble Justice Suvra Ghosh2 pages

26.11.2021 26.11.2021 Ct. No.10 b.das W.P.A. 15572 of 2021 (Via Video Conference) Dilip Kumar Bhattacharya @ Bhattacharjee & Ors. Vs.

State of W.B. & Ors.

Mr. Tarun Das Mr. Bhaskar Sengupta ...for the petitioners.

Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal ...for the State.

The parties are represented.

The grievance of the petitioners is that they are the owners of the land in question and were cultivating the same. Sometime in 2019 when the petitioners went to cultivate the land, they were restrained from cultivating the same by the respondents, who informed the petitioners that the plot was lying under the Sericulture Department. The petitioners claim that they acquired the title and possession in respect of the land by virtue of a registered deed of gift in the year 1978 and no notice of acquisition of the land in question was served upon them by the State authorities.

The petitioners submited a representation before the authorities on 4th March, 2021, ventilating their grievance. But the same has not been disposed of as yet. The

petitioners pray for consideration of their representation at the earliest.

Upon consideration of the submissions made on behalf of the parties and considering the material on record, I dispose of the writ petition with a direction upon the respondent No.3 to consider and dispose of the representation filed by the petitioner on 4th March, 2021 within a period of three months from the date of communication of this order and after giving reasonable opportunity of hearing to all the affected parties including the petitioners, in accordance with law.

Accordingly WPA 15572 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.)