Mahitosh Das v. Union Of India And ORS.

28 25.9.2024 Sc Ct. no.2 WPA 22250 OF 2024 -------------- Mahitosh Das Vs.

Union of India & Ors.

Mr. Kamal Mishra Mr. Pratap Sanfui.

... For the Petitioner Ms. Rashmi Bothra .... For the Respondent Nos. 1 to 4 Affidavit-of-service, filed in Court today, is taken on record.

Mr. Kamal Mishra, learned counsel appears for the petitioner.

Ms. Rashmi Bothra, learned counsel appears for the respondent nos. 1 to 4.

Rest of the respondents are not represented, despite notice.

The petitioner claims to be a land loser. The land of the petitioner has been acquired for the purpose of laying down the railway track in between Deshpran and Nandigram, West Bengal. The petitioner has not received the Land Loser Certificate and also the compensation. The petitioner submitted a representation dated June 17, 2024, Annexure-P2 at page 13 to the writ petition, the same has not been considered.

In view of the above, the respondent no.3 is directed upon issuing a prior notice of hearing of at least seven days to the petitioner and other interested parties, if any and after giving them an opportunity of hearing to dispose of the said representation dated June 17, 2024, Annexure-P2 at page 13 to the writ petition by passing a reasoned order in accordance with law.

The entire exercise, as directed herein, shall be carried out and completed by the respondent no.3 positively within a period of eight weeks from the date of communication of this order and the reasoned order shall be communicated to the petitioner and other interested parties, if any, positively within a further period of one week from the date of the said reasoned order to be passed by the respondent no.3.

In the event, the reasoned order goes in favour of the petitioner then the respondent nos. 2 and 3 shall take all necessary and consequential steps to give an immediate effect to the said reasoned order but positively within a period of six weeks from the date of the said reasoned order to be passed.

It is made clear that, this Court has not gone into the merits of the claim and rival claim of the parties and they shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon before the respondent no.3 but the same shall not travel beyond the scope of the

representation dated June 17, 2024, Annexure-P2 at page 13 to the writ petition.

It is made clear that, this order shall not create any right or equity in favour of the petitioner and other interested parties, if any, if they do not succeed to their respective contentions before the respondent no.3 strictly in accordance with law.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions this writ petition, WPA 22250 of 2024 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)