Phanibhusan Mandal & ORS v. State Of West Bengal & ORS

to jdt.

02.01.2023 jb.

W.P.A. 16686 2017 (Madhuri Mandal & Ors. vs. State of West Bengal & Ors.) with W.P.A. 16690 2017 (Smarajit Mandal & Ors. vs. State of West Bengal & Ors.) with W.P.A. 16691 2017 (Madhusudan Mandal & Ors. vs. State of West Bengal & Ors.) with W.P.A. 16693 2017 (Phanibhusan Mandal & Ors. vs. State of West Bengal & Ors.) Mr. Samiran Mandal Mr. A. Dan Mr. N. Samanta .... For the Petitioners Mr. Chandi Charan De Mr. Anirban Sarkar .... For the State in WPA 16686 of 2017,WPA 16690 of 2017, WPA16691 of 2017 Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal .... For the State in WPA 16693 of 2017 Learned counsel for the respondents do not intend to use an affidavit-in-opposition.

Heard learned counsels for the parties.

The grievance of the petitioners is that their land has been taken away by the respondent authority without paying any compensation to them. The petitioners intend to submit a

comprehensive representation in this regard before the concerned authority and 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 5th respondent be directed to consider the representation, in accordance with law.

In view of the above, the writ petitions are disposed of with liberty to the petitioners to submit a comprehensive representation before the 5th respondent within three weeks from date. The 5th respondent be directed to consider and dispose of the representation within two months from the date of receipt thereof upon affording 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 petitioners within a week thereof. The writ petition is thus 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.)