Arun Kedia v. State Of West Bengal And ORS.

S/L 17 02.09.2025 Court. No. 19 Sourav WPA 18234 of 2025 Arun Kedia Vs.

The State of West Bengal & Ors.

Mr. Amit Kumar Pan Ms. Tanusri Santra ... for the petitioner.

Mr. Ayan Banerjee Mr. Subhabrata Das Mr. Ajeyo Chowdhury ... for the State.

1.

The affidavit-of-service as filed today on behalf of the writ petitioner is taken on record.

2.

By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondents/authorities, more specifically, against the respondent no. 3/authority commanding him to release the derequisitioned land, particulars of which have been mentioned in paragraph no. 2 of the instant writ petition in favour of the writ petitioner.

3.

At the time of hearing, Mr. Pan, learned advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to Page No. 27 of the instant writ petition, being a copy of the notification dated 19.02.2015 as published under Section 7(1) of the West Bengal Fisheries (Requisition and Acquisition) Act, 1965 (hereinafter referred to as 'the said Act' in short).

4.

It is submitted by Mr. Pan that from Page No. 27 of the instant writ petition, it would reveal that the

aforementioned plot no. 423 in Mouza - Madurdaha was derequisitioned and, therefore, the respondent no. 3/authority was duty bound to return the land to the writ petitioner who is the present owner of the said property by way of purchase. It is contended that on 23.06.2025, the writ petitioner has made a representation with the respondent no. 3/authority with a request for returning the land, however, such derequisitioned land was not returned to him. 5.

Mr. Banerjee, learned advocate duly assisted by Mr. Das, learned advocate appearing on behalf of the State in their usual fairness submits before this Court that the respondent no. 3/authority may be directed to consider the representation dated 23.06.2025 in accordance with law.

6.

In view of such, this Court while disposing the instant writ petition directs the respondent no. 3/authority to consider the representation dated 23.06.2025 as has been annexed at Page Nos. 29 to 31 of the instant writ petition in accordance with law and after giving due chance of hearing to the writ petitioner and/or his authorized representative shall pass a reasoned order keeping in mind the provisions of the West Bengal Fisheries (Requisition and Acquisition) Act, 1965 and shall forthwith communicate to the writ petitioner preferably by email, if the email detail of the writ petitioner is provided to him at the time of haring. 7.

The entire exercise as indicated in the foregoing paragraph is to be completed by the respondent no.

3/authority within 90 working days from the date of communication of the server copy of this order. 8.

The respondent no. 3/authority is hereby directed to act on the basis of the server copy of this order. 9.

The time limit as fixed by this Court is mandatory and peremptory.

10. Liberty is given to the learned advocate on record for the writ petitioner to communicate the server copy of this order to the respondent no. 3/authority.

11.

With the aforementioned observations, the instant writ petition being WPA 18234 of 2025 is disposed of. 12.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Partha Sarathi Sen, J.)