Jinnatun Bibi v. State Of West Bengal And ORS.

August 25, 2022 ARDR (23) WPA 18010 of 2022 Jinnatun Bibi Vs.

State of West Bengal & Ors.

Mr. Partha Pratim Roy, Mr. Anirban Das, Ms. Poulami Chakraborty, ...for the petitioner.

Mr. Soumitra Bandyopadhyay, Mr. P.B. Mahata, ...for the State.

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

It is contended on behalf of the petitioner that the petitioner is the legal heir of Hamidan Bibi who was the original owner of the plot in question. The plot has been acquired by the State respondents vide Notification published on 24th October, 2013 but since the name of the original owner still appears in the record of rights, no compensation was paid to the petitioner. The petitioner has submitted a representation in this regard before the concerned authority on 20th May, 2022 which is yet to be considered. The petitioner prays for a direction upon the authority to consider the representation and pay compensation to her upon verification of the documents to be produced by her before the authority, the petitioner being a non-verified awardee.

Learned counsel for the State respondents submits that the 4th respondent be directed to consider the

representation submitted by the petitioner 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 petitioner dated 20th May, 2022 within within one month from the date of communication of this order after affording reasonable opportunity of hearing to all the interested parties including the petitioner and taking into account the documents submitted by the petitioner in support of her contention, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. With the above directions, WPA 18010 of 2022 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 furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J.)