Bhajan Mundari And ORS v. State Of West Bengal And ORS.

June 29, 2022 ARDR (18) WPA 21106 of 2021 Bhajan Mundari & ors.

Vs.

The State of West Bengal & Ors.

Mr. Himangshu Ghosh, Mr. S. Majumder, ...for the petitioners.

Mr. Ashim Kumar Ganguly, Mr. Somnath Bandopadhyay, ...for the State.

It is submitted on behalf of the petitioners that they are recorded owners of the plots of land in question which have been utilised by the State respondents without acquisition of the same. No compensation has also been paid to the petitioners.

Learned counsel for the State respondents places reliance on the written instructions and submits that only a portion of plot no.961 has been acquired by the respondents for which compensation has already been paid. No other plot of the petitioners has been acquired vide L.A. case no. 4/BRP/1965-66.

The petitioners submitted a comprehensive representation before the authority seeking redressal of their grievance which is yet to be disposed of. The petitioners pray for a direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 3rd respondent may be directed to consider the

representation filed by the petitioners, in accordance with law.

In view of the above, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representation submitted by the petitioners dated 29th November, 2021 within two months from the date of communication of this order after affording reasonable opportunity of hearing to all the interested parties including the petitioners, in accordance with law. The petitioners shall be at liberty to place all the relevant documents at the time of hearing.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. With the aforesaid directions, WPA 21106 of 2021 is disposed of. 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 furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J.)