Ashok Mondal And ORS v. State Of West Bengal And ORS.
S/L 20 11.06.2025 Court. No. 19 Sourav WPA 20349 of 2024 Ashok Mondal & Ors.
Vs.
State of West Bengal & Ors.
Mr. Nazrul M. Z. Hasan Ms. Kumari Shipra Roy ... for the petitioners.
Mr. Biplab Guha Ms. Barnali Gupta ... for the State.
1.
It is the grievance of the writ petitioners that the respondents/authorities have utilized their land in L.R. Plot No. 1202 under Mouza - Dhanyaghari, Block - Amta II, Howrah without initiating any acquisition proceeding and without disbursing any compensation therefor.
2.
It is submitted that from the annexure to the instant writ petition, it would reveal that on 18.04.2024, the writ petitioners submitted a representation to that effect with the respondents/authorities, however, the respondents/authorities had failed to take a decision in this regard.
3.
Mr. Guha, learned advocate appearing on behalf of the respondent/State, in course of his submission submitted a report dated 10.06.2025 of the respondent no. 7. The said report dated 10.06.2025 is taken on record.
4.
It is submitted by Mr. Guha that from the report dated 10.06.2025, it would reveal that the respondent no. 7/authority has issued a memo dated 10.06.2025 to
the jurisdictional BL & LRO for submission of a demarcation report after holding a joint field verification.
5.
In view of such, this Court while disposing the instant writ petition directs the said BL & LRO, Block - Amta II, Howrah to conduct the joint field verification and to prepare the demarcation report and to submit the same with the respondent no. 7/authority positively within working days from the date of communication of the server copy of this order. 6.
On receipt of such report from the said BL & LRO, the respondent no. 7/authority, in the event, finds some merit in the representation of the writ petitioners dated 18.04.2024, he shall forward such representation with his view along with the report of the BL & LRO to the respondent no. 2/authority within 15 working days thereafter.
7.
The respondent no. 2/authority on receipt of such report from the respondent no. 7/authority shall consider the representation of the writ petitioners in accordance with law and after giving an opportunity of hearing to the writ petitioners and/or their authorized representatives shall pass a reasoned order in writing on the representation of the writ petitioners and shall forthwith communicate his reasoned order to the writ petitioners preferably by mail, if the mail details of the writ petitioners are provided to him at the time of hearing.
8.
The entire exercise as indicated in the foregoing paragraphs is to be complied with by the respondent no. 2/authority positively within 60 working days from the date of receipt of the report from the respondent no. 7/authority.
9.
The time limit as fixed by this Court is mandatory and preemptory.
10. Before parting with, it is made clear that in the event, the respondent no. 2/authority finds sufficient merit in the representation of the writ petitioners in terms of the demarcation report of the jurisdictional BL & LRO and the forwarding report from the respondent no. 7/authority, he shall take appropriate steps for disbursement of adequate compensation in favour of the writ petitioners by taking a suitable decision in a meeting under his leadership of the District Land Purchase Committee.
11.
Liberty is given to the learned advocate on record for the writ petitioner to communicate the server copy of this order to the BL & LRO, Amta II Block, Howrah, respondent no. 7/authority and respondent no. 2/authority for their due compliance.
12.
The BL & LRO, Amta II Block, Howrah, respondent no. 7/authority and respondent no. 2/authority are hereby directed to act on the server copy of this order. 13.
With the aforementioned observation, the instant writ petition being WPA 20349 of 2024 is disposed of.
14.
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.)