Nanigipal Paul Majumdar & ORS v. State Of West Bengal & ORS

16.03.2021 (S/L-14) Ct.-18 (Susanta) (Via Video Conference) W.P.A. 15028 of 2018 Nanigopal Paul Majumdar & Ors.

-Vs- The State of West Bengal & Ors.

Mr. Sounak Bhattacharyya, ...... For the Petitioners.

Mr. Taley M. Siddique, Ms. Nicofer Siddique Alam, ...... For the State Respondents.

Affidavit-of-service filed on behalf of the petitioners in Court today be kept with the record.

The petitioners are claiming that their predecessor-in-interest after coming from EastPakistan settled in the plot No. C/6, Birnagar colony, Bagahajatin, Kolkata- 700086 along with other families.

The Refugee Relief & Rehabilitation Department, Government of West Bengal is the competent authority to confer title of the said plot of land upon the petitioners by executing appropriate document.

The grievance of the petitioners is that long back on the requisition of the District Rehabilitation Officer of The Refugee Relief & Rehabilitation Department, Government of West Bengal, the respondent no. 5 herein they

submitted all the requisite papers to get the said document of title but no action has been taken by the said authority and/or any other authority on the said issue.

The petitioners, thereafter, sometime in the month of April, 2018 gave a representation to the District Magistrate 24 Parganas (South) the respondent no. 2 herein for redressal of their grievances. The said representation is appearing at page 26 of the writ petition being Annexure "P7".

Mr. Talley M. Siddique, learned advocate appearing on behalf of the State respondents submits that the District Rehabilitation Officer, Refugee Relief & Rehabilitation Department, Government of West Bengal, the respondent no. 5 herein is the concerned authority to consider the said representation of the petitioners.

W.P.A 15028 of 2018 is disposed of by directing the said respondent no. 5 to consider and dispose of the said representation of the petitioners in accordance with law by a reasoned order after giving the petitioners an opportunity of being heard.

The respondent no. 5 shall complete his exercise in this regard by the end of the month of July, 2021 and shall communicate his decision to the petitioners.

The petitioners are required to serve a complete copy of the writ petition upon the said respondent no. 5 along with the copy of this order within a week from date.

It is made clear that this Court has not gone into the merit of the claims of the petitioners. Since no affidavit-in-opposition has been invited from the respondents, the allegations made in the writ petition shall be deemed not to have been admitted.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Biswajit Basu, J.)