Saradindu Dua And ANR v. State Of West Bengal And ORS.

March 31, 2022 ARDR (19) WPA 18138 of 2021 Saradindu Dua & anr.

Vs.

The State of West Bengal & Ors.

Mr. Sudeep Sanyal, Mr. Snehasis Jana, Ms. Lopamudra Maitra, ...for the petitioners.

Mr. Chandi Charan De, Mr. Anirban Sarkar, ...for the State.

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

None appears for the Gram Panchayat despite service.

The petitioners complain that a portion of the plots of land owned and occupied by the petitioners is being encroached upon by the State authorities without acquisition, for the purpose of afforestation. The petitioners state that demarcation of the plot was held by the Government authority in presence of the petitioners. But no report has been handed up to the petitioners by the authority in this regard. The petitioners seek liberty to submit a comprehensive representation before the 4th respondent in this regard and pray for a direction upon the 4th respondent to consider the representation at the earliest.

Upon consideration of the submissions made on behalf of the parties, the writ petition is disposed of with

liberty to the petitioners to submit a comprehensive representation before the 4th respondent ventilating their grievance within seven days from date. The 4th respondent shall consider and dispose of the representation within two months from the date of receipt thereof after 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.

With such directions, WPA 18138 of 2021 is disposed of. There shall however, 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.)