Smt Vene Oraon & ORS v. State Of West Bengal & ORS

16.06.2022 AN/Ct. No.25 WPA 19529 of 2014 Smt. Piki Oraon & ors.

versus State of West Bengal & ors.

Mr. Tulsidas Roy Mr. Tirthankar Roy ... for the petitioner Mr. Lalit Mohan Mahata Mr. Prasanta Behari Mahata ... for the State The petitioners claim that they are the successorsin-interest of one Bazi Oraon who was the original owner of the several plots of land within mouja Udaysingh, J.L. No. 51, L.R. Khatian No. 57 under Police Station Siliguri in the District of Darjeeling. The petitioners claim to be the present owners of the plots mentioned in paragraph 4 of the writ petition.

By drawing the attention of the court to a document issued by the Land Acquisition Department dated 9.11.2012, learned counsel appearing for the petitioner submits that the plots owned by the petitioners have been acquired but the petitioners have not received any compensation in respect thereof.

Learned counsel appearing on behalf of the State submits that the petitioners are not the recorded owners of the plots in question and as such they are not entitled to

any compensation in respect of the acquisition of the plots in question.

No representation has been made by the petitioners before the concerned authority making a claim with regard to their entitlement as to the compensation for acquisition of the plots in question and have straightway approached this writ court by filing the instant writ petition. In my view, justice would be sub-served if liberty is granted to the petitioner to make a representation before the concerned authority specifying their claims with regard to the plots in question. Needless to mention that the petitioners shall produce all documents in support of their claims in respect of the lands in question before such authority and if such a representation is made, the concerned authority will consider and dispose of the same by passing a reasoned order strictly in accordance with law upon giving an opportunity of hearing to the interested parties including the petitioners.

With the above directions, the instant writ petition stands disposed of without any order as to costs. Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Hiranmay Bhattacharyya, J.)