M/S Lokenath Estate And Export Pvt. Ltd And ANR v. State Of West Bengal And ORS.

August 26, 2022 ARDR (34) WPA 18890 of 2022 M/s. Lokenath Estate & Export Pvt. Ltd. & anr. Vs.

The State of West Bengal & Ors.

Mr. Mir Anowar, ...for the petitioners.

Mr. Sanjay Saha, ...for the respondent no.4.

Mr. Soumitra Bandyopadhyay, Mr. Priyabrata Batabyal, ...for the State.

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

Pursuant to an order passed by this Court in WPA 5969 of 2022 on May 11, 2022, the representation submitted by the petitioners was taken up for consideration by the Additional District Magistrate and District Land & Land Reforms Officer, Hooghly and by an order passed on 16th June, 2022 the said authority referred the matter to the department of Industries, Commerce and Enterprises for consideration with an observation that such power for consideration of the issue rests with the State Government.

The petitioners submitted a further representation before the Secretary to the Government of West Bengal, Department of Industries, Commerce and Enterprises in this regard on July 8, 2022 which is yet to be disposed of. The petitioners pray for a direction upon the authority to consider the representation at the earliest.

It is submitted by the State respondents that the 2nd respondent be directed to consider the representation in accordance with law.

In view of the same, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the representation submitted by the petitioner dated July 8, 2022 within one month from the date of communication of this order 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 the above directions, WPA 18890 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.)