Debanshu Sen & ORS v. State Of West Bengal & ORS

12.07.2021 rc/ct.no.10 Item No.29 WPA No. 18665 of 2019 Debanshu Sen & Ors.

Versus

The State of West Bengal & Ors.

(VIA VIDEO CONFERENCE) Mr. Probal Mukherjee Mrs. Shebatee Datta ...for the petitioners Mr. Supratim Dhar ..for the State Affidavit of service filed in Court today is taken on record.

The grievance of the petitioners is directed against the refusal of the State-respondents to consider the representation of the petitioners appearing at page 48 of the writ petition in respect of the subject premises. Mr. Dhar, Advocate appearing on behalf of the State respondents contends that there are serious disputes in respect of the alleged ownership of the subject-premises and that the petitioners are not the owners of the premises. He also contends that all the different writ petitioners are different owners of the different plots. However, he fairly submits that the representation appearing at page 48 of the writ petition may be considered by the Additional District Magistrate (L.A.), Dakshin Dinajpur being the respondent no. 3.

In view of the submission made by the parties, the Additional District Magistrate (L.A.), Dakshin Dinajpur being the respondent no. 3 herein is requested to consider the representation of the petitioners appearing at page 48

of this writ petition within a period of four weeks from date after giving a right of hearing to all the affected parties including the State-respondents. Since there are number of petitioners, I direct that the respondent no. 3 will give a right of hearing to only one authorised representative of the petitioners at the time of hearing.

It is made clear that I have not entered into the merits of the representation and the Additional District Magistrate (L.A.), Dakshin Dinajpur will not be influenced by any observation in this order on the merits of this case. Needless to mention that all questions are to be decided by the Additional District Magistrate (L.A.), Dakshin Dinajpur in accordance with law.

It is also made clear that after disposing of the representation of the petitioners the Additional District Magistrate (L.A.), Dakshin Dinajpur will communicate his order to all the parties.

It is expected that the entire exercise will be completed by the Additional District Magistrate (L.A.), Dakshin Dinajpur within a period of 12 weeks from the date of communication of this order.

With the above observations and directions the writ petition being WPA No. 18665 of 2019 stands disposed off. (Ravi Krishan Kapur,J)