Asis Joardar And ANR v. State Of West Bengal And ORS.

11.11.2022 11.11.2022 Ct. No.10 b.das WPA 15907 of 2022 Asis Joardar & Anr.

Vs.

The State of W.B. & Ors.

Mr. Debdutta Basu ...for the petitioner.

Mr. Chandi Charan De Mr. A. Sarkar ...for the State.

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

None appears for the 6th and 7th respondents despite service.

The petitioners and the proforma respondents are the legal heirs of the original owner of the property in question, Gobinda Kumar Joardar, since deceased and inherited the said property after demise of the original owner. The proforma respondents being the sisters of the petitioners gifted their shares of the property in favour of the petitioners.

It was found that the existing quantum of land in possession of the petitioners is lesser than the actual quantum of land owned by the petitioners.

In reply to an application filed by the petitioners under the Right of Information Act, 2005, asking for details of the acquisition proceeding, if any, conducted by the concerned authority and the quantum of land acquired in

the said proceeding, the petitioners were informed that no information with regard to such proceeding could be given to them without specific L.A. Case number.

The petitioners seek liberty to submit a comprehensive representation before the concerned authority ventilating the entire facts.

It is submitted on behalf of the State respondents that the 2nd respondent be directed to consider the representation submitted by the petitioners, in accordance with law.

Upon consideration of the submission made on behalf of the parties, the writ petition is disposed of with liberty to the petitioners to submit a comprehensive representation ventilating the entire facts as contained in the writ petition before the 2nd respondent within one week from date. The 2nd respondent is directed to consider and dispose of the representation within a period of two months from the date of receipt thereof after granting reasonable opportunity of hearing to all the interested parties including the petitioners, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereof. With the above observations and directions this writ petition being WPA 15907 of 2022 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.)