Rajesh Kr Banerjee And ORS v. State Of West Bengal And ORS.

29.11.2021 29.11.2021 Ct. No.10 b.das W.P.A. 15762 of 2021 (Via Video Conference) Rajesh Kumar Banerjee & Ors.

Vs.

State of W.B. & Ors.

Mr. Uday Narayan Betal Mr. Bhaskar Hutait ...for the petitioners.

Mr. T. M. Siddiqui Mr. S. Chakraborty ...for the State.

Heard learned counsel for the parties.

The grievance of the petitioners is two-fold:- a portion of the land of the petitioners has been acquired by the State authorities sometime in 1970. 80 per cent of the compensation has been granted to them, the remaining 20 per cent still being due. Secondly, the remaining portion of the land of the petitioners has been taken possession of by the State authorities without acquiring the same and the State authorities are utilizing the land by raising construction therein.

The petitioners submitted a representation before the District Magistrate, Paschim Midnapore on 22nd April, 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 and

also payment of the remaining 20 per cent compensation in their favour.

Learned counsel appearing on behalf of the State submits that the petitioners have joined two separate issues in the present writ petition, which is not permissible in law.

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 22nd April, 2021 within a period of one month 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.

The petitioners are at liberty to approach the appropriate authority with regard to remaining compensation payable in respect of the portion of land acquired.

Accordingly WPA 15762 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.)