Ram Chandra Kapat And ORS. v. State Of West Bengal And ORS.

31.10.2025 Sl No. 14 Ct. No.19 g.b.

266052 W.P.A. 19752 of 2025 Ram Chandra Kapat & Ors.

-Vs.- The State of West Bengal & Ors.

Mr. Tapash Kr. Bhattacharya Mr. Aviroop Bhattacharya ...For the Petitioners Mr. Shuvro Prokash Lahiri Ms. Tanusri Pal Chowdhury ......For the State

1. On behalf of the writ petitioners a receipted notice dated 29.10.25 is filed and the same is taken on record.

2. At the time of hearing Mr. Bhattacharya, learned advocate appearing on behalf of the writ petitioners submits before this court that he is agreeable to furnish requisite court fees for 14 number of writ petitioners within three working days from today. In view of such, the writ petitioners are directed to file requisite court fees for 14 number of writ petitioners positively on or before November 07, 2025 in the department.

3. At the time of hearing Mr.

Bhattacharya, learned advocate appearing on

behalf of the writ petitioners at the very outset draws attention of this court to page 33 of the instant writ petition being a copy of notice of requisition under Section 3 of Act II of 1948. It is submitted by Mr. Bhattacharya that it is the specific case of the writ petitioners that on account of such requisition and acquisition no compensation has been paid to the writ petitioners and finding no other alternative the writ petitioners have approached the respondent no.3 authority by submitting their representations, copies of which have been annexed at pages 34 to 38 of the instant writ petition.

4. It is further argued on behalf of Mr.

Bhattacharya that for submission of such representations, the respondent no.3 authority had not paid any heed to the writ petitioners' representation and thus the writ petitioners have approached this court for granting the relief, as prayed in the instant writ petition.

5. Such prayer is vehemently opposed by Mr. Lahiri, learned advocate appearing on behalf of the respondent State. It is argued by Mr. Lahiri that in absence of any cogent explanation for the

prolonged delay, this court sitting in a writ jurisdiction ought not to have exercised its discretionary power on account of unexplained inordinate delay.

6. On careful consideration of the entire materials as placed before this court and after hearing the learned advocates for the contending parties, this court while disposing of the instant writ petition directs the respondent no.3 authority to consider the representations of the writ petitioners in accordance with law and after giving due opportunity of hearing to the writ petitioners and/or their authorized representatives shall pass a reasoned order and forthwith communicate the same to the writ petitioners preferably by e-mail, if the e-mail details of the writ petitioners are provided to him at the time of hearing.

7. The entire exercise, as indicated in the foregoing paragraph, is to be completed within 90 working days from the date of communication of the server copy of this order.

8. Before parting with it is however made clear that since no affidavits have been called for, the allegations made in the instant writ petition

are deemed not have been admitted by the respondents.

9. It is further made clear that before the respondent no.3 authority all points including the points of alleged delay are kept open.

10. With the aforementioned observations WPA 19752 of 2025 is disposed of.

11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on urgent basis after completion of all necessary formalities.

(Partha Sarathi Sen, J.)