Shyamlata Mundari v. State Of West Bengal & ORS

jdt.

30.03.2022 jb.

W.P.A. 12470 of 2015 (Smt. Shyamlata Mundari vs. State of West Bengal & Ors.) Mr. Supratim Dhar Mr. Dhananjay Nayak .... For the Petitioner Mr. C. C. De Mr. Anirban Sarkar .... For the State Ms. Sonal Sinha Ms. Jawaria Russaina .... For the West Bengal State Minor Irrigation Corporation Limited Affidavit-of-service filed on behalf of the petitioner is taken on record.

The petitioner complains that a portion of her land measuring about 16 decimals in plot No. 2785, J.L. No. 127, R.S. Khatian No. 2857 of village Dafarpota was utilised by the concerned Authority for installation of deep tubewell, but no compensation was paid to the petitioner for the same.

It is submitted on behalf of the 10th respondent that this respondent has no control or supervision over the concerned project and has, therefore, no role to play herein.

The petitioner seeks liberty to submit a comprehensive representation before the District Magistrate, the 2nd respondent herein, ventilating her grievances and prays for a direction upon the said respondent to consider the representation at the earliest.

Having considered the submissions made on behalf of the parties, the writ petition is disposed of with liberty to the petitioner to submit a comprehensive representation ventilating her grievances before the 2nd respondent within 10 days from date.

The 2nd respondent shall consider and dispose of the representation within two months from the date of receipt thereof after affording reasonable opportunity of hearing to all the interested parties including the petitioner, in accordance with law.

The decision taken by the Authority shall be communicated to the petitioner within a week thereof. It is made clear that this Court has not gone into the merits of the case and the petitioner shall be at liberty to place her case before the Authority at the time of hearing.

With the above observations and directions, W.P.A. 12740 of 2015 is disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)