Abdul Woduth v. State Of West Bengal And ORS.

18.02.2022 rc/ct.no.10 Item No.23 WPA No. 19220 of 2021 Abdul Woduth

Versus

The State of West Bengal & Ors.

Sk. Betal Mr. Debabrata Mondal Mr. Asis Kr. Dutta ...for the petitioner Mr. Chandi Charan De Mr. Anirban Sarkar ...for the State Affidavit of service filed in Court today is taken on record.

It is contended that pursuant to an advertisement published in a newspaper on November 24, 2018 the petitioner offered to sell the land in question in favour of the AEO, Zila Parishad for the purpose of construction of a surface water base pipe water supply project under WBDWSIP. Notice of registration of the land was issued to the petitioner and others on August 18, 2020 and despite the petitioner remaining present before the authority for such registration of deed, the deed qua the land in question belonging to the petitioner has not been registered inspite of the fact that the deeds with regard to the other incumbents were registered. The petitioner intends to submit a representation before the competent authority i.e. 4th respondent requesting registration of deed with regard to the property.

Learned counsel appearing on behalf of the petitioner submits that as per direction of the respondent

authority the petitioner has cleared the land in question by cutting more than 100 trees worth of Rs.3.00 lakhs. Having considered the submission made by the learned counsels appearing on behalf of the parties, the writ petition is disposed of with liberty to the petitioner to submit a comprehensive representation before the respondent no. 4 in this regard within 7 days from date. The respondent no. 4 shall consider and dispose of the representation within two months from the date of receipt thereof, after giving reasonable opportunity of hearing to all the affected parties including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereafter. With the above directions, W.P.A. 19220 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)