Pampa Maity And ANR v. The District Magistrate Paschim Medinipur And ORS

23.02.2024 23.02.2024 Ct. No.10 b.das WPA 19122 of 2023 Smt. Pampa Maity & Anr.

Vs.

The State of W.B. & Ors.

Mr. Biswajit Konar Mr. Arijit Mahinder ...for the petitioners.

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

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

Heard learned counsels for the parties.

It is submitted on behalf of the petitioners that the petitioners purchased the land in question in 2013 and the land was mutated in their names. The petitioners applied for issuance of sanctioned plan before the Ghatal Municipality along with requisite fees and such plan was sanctioned by the Municipality in their favour on 2nd March, 2023. The petitioners received a letter from the 5th respondent on 27th October, 2021 and learnt that the land was acquired vide LA case no.10 of 1956. The petitioner was called for a hearing before the authority for correction of Record of Rights.

Learned counsel for the petitioners submits that no compensation was paid to the petitioners or their vendors in lieu of such acquisition.

The petitioners seek to submit a comprehensive representation before the concerned authority and pray for direction upon the concerned authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 3rd respondent be directed to deal with the representation, in accordance with law.

In view of the above, the writ petition is disposed of with liberty to the petitioners to submit a comprehensive representation before the 3rd respondent within two weeks from date. The 3rd respondent is directed to consider and dispose of the representation within a period of six weeks from the date of receipt thereof upon affording reasonable opportunity of hearing to all concerned including the petitioners, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereof. 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)