Calcutta High CourtWPA/19286/2015disposed

Gopal Chandra Biswas & ORS v. State Of West Bengal & ORS

2021-12-01Hon'Ble Justice Suvra Ghosh3 pages

jdt.

01.12.2021 jb.

W.P.A. 19286 of 2015 (Gopal Chandra Biswas & Ors. vs. State of West Bengal & Ors.) Mr. Rameshwar Sinha Mr. Manoj Kurmi .... For the Petitioners Mr. C. C. De Ms. Reshme Rahman .... For the State Heard the learned counsels for the parties.

The grievance of the writ petitioners is that they have acquired right, title and interest in respect of the land in question by virtue of purchase from the erstwhile owner and were occupying the same. The third respondent and the fifth respondent visited the homestead land of the petitioners and directed the petitioners to vacate the same for setting up a market place therein. It is further submitted that the respondent authorities have taken possession of the said land and have raised construction therein. The petitioners filed an application before the third respondent on 5th February, 2014 ventilating their grievances, but the said application has not been disposed of as yet.

Learned counsel for the State respondents submits that the third respondent be directed to dispose of the said application within a stipulated period of time.

Upon consideration of the submissions made on behalf of the parties and material on record, the writ petition is disposed of with a direction upon the third respondent to consider and dispose of the application filed by the petitioners on 5th February, 2014 within a period of two months from the date of communication of this order upon granting reasonable opportunity of hearing to all the interested parties including the petitioners, in accordance with law.

As the application is pending before the third respondent since long, this direction is peremptory. W.P.A. 19286 of 2015 is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)