Subhas Chandra Maity And ORS. v. State Of West Bengal And ORS.

S/L 36 29.08.2025 Court. No. 19 S.R.

WPA 20635 of 2024 Sri Subhas Chandra Maity & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Debasish Das ... for the petitioner.

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

1.

Affidavit of service as filed today on behalf of the writ petitioners is taken on record.

2.

The writ petitioners have filed the instant writ petition being aggrieved on account of non-consideration of their representation dated 02.08.2024 as made by them with the respondent no. 2/authority.

3.

At the time of hearing, Mr. Das, learned advocate appearing on behalf of the writ petitioners at the very outset draws attention of this Court to Page Nos. 50 and 51 of the instant writ petition, being a copy of the representation dated 02.08.2024 as submitted by the writ petitioners with the respondent no.2/authority. It is submitted by Mr. Das that it is the specific case of the writ petitioners that initially for the purpose of widening the Contai-Belda road, 100 ft. of land of both sides of the said road was acquired, however, the respondent/State subsequently, retained 50ft. land in both sides of the said road and relinquished the remaining 50ft. land

each of both the sides of the said road in connection with Misc. Case No. 78/1953-54.

4.

Drawing attention to Page No. 22 of the instant writ petition, it is further submitted by Mr. Das that on account of such relinquishment, a sketch map dated 20.08.1953 was prepared and a copy of which has been annexed to the instant writ petition. It is further submitted by Mr. Das that in the said representation dated 02.08.2024, the writ petitioners requested the respondent no.2/authority to demarcate the land of the writ petitioners in terms of the said sketch map. 5.

Mr. De, learned Additional Government Pleader appearing on behalf of the respondent/State in his usual fairness submits before this Court that respondent no. 2/authority may be directed to consider the representation dated 02.08.2024 as submitted by the writ petitioners, in accordance with law.

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 the instant writ petition directs the respondent no. 2/authority to consider the representation dated 02.08.2024 as submitted by the writ petitioners in accordance with law and after giving an opportunity of hearing to the writ petitioners and/or their authorized representative shall pass a reasoned order and shall communicate the same forthwith to the writ petitioners preferably by mail, if the mail details of

the writ petitioners are provided to him at the time of hearing.

7.

Liberty is given to the learned advocate on record for the writ petitioners to communicate the server copy of this order to the respondent no. 2/authority for his immediate compliance.

8.

The entire exercise as indicated hereinabove is to be completed by the respondent no. 2/authority within 120 working days from the date of communication of the server copy of this order.

9.

The respondent no. 2/authority is hereby directed to act on 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 made clear that in the event, the respondent no. 2/authority finds sufficient merit in the representation dated 02.08.2024 as submitted by the writ petitioners, he is directed to demarcate the land of the writ petitioners in terms of the sketch map dated 20.08.1953.

12.

With the aforementioned observations, the instant writ petition being WPA 20635 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.)