Sukumar Mondal And ANR. v. State Of West Bengal And ORS.

S/L 11 12.09.2025 Court. No. 19 Sourav WPA 20448 of 2024 Sukumar Mondal & Anr.

Vs.

State of West Bengal & Ors.

Ms. Kumari Shipra Roy Mr. Nazrul M. Z. Hasan ... for the petitioners.

Mr. Chandi Charan De, Ld. AGP Mr. Anirban Sarkar ... for the State.

1.

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

2.

It is the grievance of the writ petitioners that the respondents/authorities have utilized the land of the writ petitioners, particulars of which have been mentioned in paragraph no. 2 of the instant writ petition without initiating any process of acquisition and without disbursing any compensation.

3.

Ms. Roy, learned advocate appearing on behalf of the writ petitioners in course of her submission draws attention of this Court to Page Nos. 15 and 16 of the instant writ petition, being a copy of the representation dated 18.04.2024 as submitted by the writ petitioners with the respondent no. 2/authority requesting him to take appropriate steps for disbursement of compensation. It is submitted by Ms. Roy that despite receipt of such representation, the respondents/authorities, more specifically, the respondent no. 2/authority practically did nothing.

4.

It is thus submitted by Ms. Roy that appropriate relief/reliefs may be granted to the writ petitioners in terms of the prayers as made in the instant writ petition. 5.

Mr. De, learned Additional Government Pleader appearing on behalf of the respondent/State and its instrumentalities in his usual fairness submits before this Court that the respondent no. 2/authority may be directed to consider the representation dated 18.04.2024 in accordance with law.

6.

In view of such, this Court while disposing the instant writ petition directs the respondent no. 2/authority to consider the representation dated 18.04.2024 in accordance with law and after giving a fair chance of hearing to the writ petitioners and/or their authorized representatives shall pass a reasoned order and shall forthwith communicate the same to the writ petitioners preferably by email, if the email details of the writ petitioners are provided to him at the time of hearing. 7.

The entire exercise as indicated hereinabove is to be completed by the respondent no. 2/authority within 90 working days from the date of communication of the server copy of this order.

8.

Liberty is given to the learned advocate on record for the writ petitioner to communicate the server copy of this order together with a copy of the representation dated 18.04.2024 to the respondent no. 2/authority. 9.

The respondent no. 2/authority is hereby directed to act on the basis of the server copy of this order.

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

11.

Before parting with, it is, however, made clear that in the event while passing the reasoned order, the respondent no. 2 finds sufficient merit in the representation dated 18.04.2024, the respondent no. 2/authority shall forthwith initiate the process of acquisition and disbursement of compensation in accordance with law which shall have to be concluded within 210 working days from the date of passing of the reasoned order.

12.

With the aforementioned observations, the instant writ petition being WPA 20448 of 2024 is disposed of. 13.

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.)