Debdas Debnath v. Asansol Durgapur Development Authority & ORS

06.09.2021 06.09.2021 Ct. No.10 b.das W.P.A. 20322 of 2019 (Via Video Conference) Debdas Debnath Vs.

Asansol Durgapur Development Authority & Ors. Mr. Kishore Mukherjee ...for the petitioner.

Mr. Susovan Sengupta Mr. Manas Kr. Sadhu ...for the State.

Mr. Rajarshi Dutta Mr. S. Bose Ms. A. Banerjee ...for the A.D.D.A.

Heard learned counsels for the parties.

The petitioner seeks liberty to implead the Principal Secretary, Land and Land Reforms Department, Government of West Bengal as a party respondent. Such liberty is granted and the cause title of the petition may be amended accordingly.

It is submitted on behalf of the petitioner that the petitioner was granted 220 sq. ft of land for a sweetmeat shop. The petitioner requires a total of 300 sq. ft. for a sweetmeat shop as well as store and applied before the respondent No.1 for allotting such land in his favour. The grievance of the petitioner is that the said application, though filed in 1992, has not yet been disposed of.

The respondents submit that in view of the Government Circular/notification issued in 2013 no land

can be allotted to any person except by way of auction/tender.

Learned counsel for the State respondents submit that irrespective of date of filing of the application before the authority, the rule which prevails as on date of consideration of the application is to be taken into consideration.

Learned counsel for the respondent No.1 submits that after submission of the application in 1992, the same was not pursued by the petitioner till prior to filing of the present application.

Having considered the submission made by the parties, I dispose of this writ petition with a direction upon respondent No.1 to consider the application filed by the petitioner and dispose of the same within a period of one month from date.

WPA 20322 of 2019 is disposed of. There will be no order as to costs.

As affidavits have not been invited, the allegations made this writ petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)