Uttpal Pal And ORS v. State Of West Bengal And ORS.

06.01.2022 06.01.2022 Ct. No.10 b.das W.P.A. 18330 of 2021 (Via Video Conference) Utpal Pal & Ors.

Vs.

State of W.B. & Ors.

Mr. Malay Bhattacharya ...for the petitioner.

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

Heard learned counsels for the parties.

It is submitted on behalf of the petitioners that the petitioners acquired title and possession in respect of the plot in question which includes a waterbody, by way of inheritance from their predecessor-in-interest, Rabibala Pal, since deceased who was the erstwhile owner of the plot. The petitioner complains that the said waterbody has been leased out in favour of the private respondent without serving any notice upon the petitioners.

The petitioners submitted a representation before the 2nd respondent on 1st November, 2021 in this regard. The said representation is yet to be disposed of. The petitioners pray for direction upon the concerned authority to consider the representation at the earliest.

Upon consideration of the submissions made on behalf of the parties and material on record, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the said representation filed by the petitioners dated 1st November, 2021, within a period of two months from the date of communication of this order, after affording reasonable opportunity of hearing to all the interested parties including the petitioners and the private respondents, in accordance with law.

With the above observations and directions this writ petition being WPA 18330 of 2021 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.)