Biswanath Khan v. State Of West Bengal And ORS.

S/L 24 09.09.2025 Court. No. 19 Suvayan WPA 15274 of 2025 Biswanath Khan Vs.

The State of West Bengal & Ors.

Ms. Pampa De Dhabal Ms. Sangita Banerjee ...for the petitioner.

Mr. Chandi Charan De, APP Ms. Reshma Chatterjee ...for the State.

1. The affidavit-of-service as filed today on behalf of the writ petitioner is taken on record.

2. At the time of hearing Ms. Dhabal, learned Advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to page nos. 22 to 24 of the instant writ petition being three copies of information with regard to plots of land in respect of LR plot nos. 1301, 1434 and 1297. It is argued by Ms. Dhabal that from the said information it would reveal that the name of the writ petitioner was recorded in respect of a portion of the said three plots of land as owner thereof.

3. It is further argued by Ms. Dhabal that it is the grievance of the writ petitioner that the respondents/authorities without initiating any valid process of acquisition has utilized the aforementioned land in plot nos. 1297, 1301 and 1434 for the purpose of construction of Kotulpur Lowgrm Panna Road. It is further submitted that the grievance of the writ petitioner was brought to the notice of the respondent

no. 7/authority by way of representation dated 23.02.2024 a copy of which has been annexed at page no. 29 but the respondent no. 7/authority practically did nothing.

4. It is further argued by Ms. Dhabal that from page no. 32 of the instant writ petition being a copy of reply dated 22.05.2025 by the SPIO, Bankura on an application under the Right to Information Act made by the writ petitioner it has been indicated that the aforementioned three plots of land were not involved any LA cases. It is thus submitted by Ms. Dhabal that appropriate relief/reliefs may be issued to the writ petitioner in terms of the prayers as made in the instant writ petition.

5. Mr. De, learned AGP appearing on behalf of the respondents/State in his usual fairness submits before this Court that the respondent no. 7/authority may be directed to consider the representation of the writ petitioner as submitted on 23.02.2024 in accordance with law.

6. In view of such, this Court while disposing the instant writ petition directs the respondent no. 7/authority to consider the representation of the writ petitioner dated 23.02.2024 in accordance with law and after giving a due chance of hearing to the writ petitioner and/or his authorized representative shall pass a reasoned order and shall forthwith communicate the same to the writ petitioner preferably by email, if the email detail of the

writ petitioner is provided to him at the time of hearing.

7. The entire exercise as indicated in the foregoing paragraph is to be completed by the respondent no. 7/authority within 60 working days from the date of communication of the server copy of this order.

8. Liberty is given to the learned Advocate-on-Record for the writ petitioner to communicate the server copy of this order to the respondent no. 7/authority.

9. The respondent no. 7/authority is directed to act on the server copy of this order.

10. The time limit as fixed by this Court is mandatory and peremptory.

11. It is further made clear that in the event while considering the representation of the writ petitioner the respondent no. 7/authority finds sufficient merit in such representation he shall forthwith take appropriate steps for initiating the process of acquisition and for disbursement of adequate compensation in favour of the writ petitioner which is to be completed within 180 working days from the date of passing of the favourable reasoned order, if there be any.

12. With the aforementioned observation, the instant writ petition being WPA 15274 of 2025 is disposed of.

13. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Partha Sarathi Sen, J.)