Sk. Amiruddin Waqf Estate And Another v. State Of West Bengal And ORS.

September 13, 2023 ARDR (19) WPA 14882 of 2023 Sk. Amiruddin Waqf Estate & anr.

Vs.

The State of West Bengal & ors.

Adv. S. P. Lahiri, Adv. Md. Habibur Rahman, ...for the petitioners.

Adv. Soumitra Bandyopadhyay, Adv. Priyabrata Batabyal, ...for the State.

Affidavit of service filed by the petitioners is taken on record.

It is contended on behalf of the petitioners that the property in question which is a registered waqf estate was acquired by the State respondents under Section 6(1a) of the West Bengal Development and Planning Act, 1948, but no compensation was paid to the petitioners for the same. The petitioners submitted a representation in this regard before the concerned authority on 28th March, 2023 which is yet to be considered. The petitioners pray for a direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 4th respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 4th respondent to consider and dispose of the representation submitted by the petitioners dated 28th March, 2023 within two months from the date of communication of this order upon affording reasonable

opportunity of hearing to all the stakeholders including the petitioners, in accordance with law.

The petitioners shall be at liberty to place all relevant documents in support of their claim before the concerned authority at the time of hearing.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. With the aforesaid observations and directions, the writ petition, being WPA 14882 of 2023 is disposed of. There shall be, however, 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 upon compliance of necessary formalities.

(Suvra Ghosh, J.)