← Library
Calcutta High CourtWPA/15922/2023disposed

Shantinath Manna And ORS. v. State Of West Bengal And ORS.

2023-09-20Hon'Ble Justice Suvra Ghosh2 pages

20.09.2023 Ct.No.10 b.das WPA No. 15922 of 2023 Shantinath Manna & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Panchanan Hajra ...for the petitioners.

Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee ...for the State.

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

Heard learned counsels for the parties.

It is contended on behalf of the petitioners that the land of the petitioners was requisitioned in terms of the West Bengal Land (Requisition and Acquisition) Act, 1948 but the land was not acquired subsequently. In the meantime the said Act of 1948 stood repealed with effect from March 31, 1997 and the scheme for which such requisition was made was abandoned.

The petitioners submitted a representation before the 4th respondent on 29th May, 2023 seeking release of his land and damages, if any, but the representation is yet to be considered. The petitioners pray for a direction upon the concerned 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 on 30th May, 2023 within a period of three months from the date of communication of this order upon affording reasonable opportunity of hearing to all the interested persons including the petitioners, in accordance with law. In the event the representation is decided in favour of the petitioners, necessary consequential steps be taken by the 4th respondent within a month thereof. 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)