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Calcutta High CourtWPA/23411/2022disposed

Santopur Bangabati Matsajibi Samabai Samity And ANR. v. State Of West Bengal And ORS.

2022-11-09Hon'Ble Justice Suvra Ghosh3 pages

November 9, 2022 ARDR (8) WPA 23411 of 2022 Santopur Bangabati Matsajibi Samabai Samity & anr. Vs.

The State of West Bengal & ors.

Adv. Anjan Bhattacharya, Adv. Anita Shaw, ...for the petitioners.

Affidavit of service filed by the petitioners is taken on record.

None appears for the respondents despite service. Mr. Chandi Charan De, who usually appears for the State and is present in Court today, is requested to represent the State in this matter.

His appointment be regularised by the office of the Legal Remembrancer.

The petitioner is directed to serve the writ petition along with annexures thereto upon Mr. De in course of this day.

The contention of the petitioners is that they were granted lease of Laktar Beel by the respondent authorities on 4th October, 2021 for a period of one year with effect from 1st October, 2021 to 30th September, 2022. Possession of the said water body was handed over to the petitioner on 24th March, 2022 upon the petitioner depositing the entire lease rent. The petitioners complain that since possession of the leasehold property was delivered to them belatedly, they have lost about five months of the entire lease period.

The Additional District Magistrate (Land Reforms and District Land and Land Reforms Officer) Malda by a letter issued on 4th October, 2021 to the Block Land & Land Reforms Officer, Ratua-I, Malda requested for arrangement of handing over of the water body and submission of compliance report thereto. The petitioners submitted a representation on 25th August, 2022 before the concerned authority praying for extension of the period of lease which is yet to be considered. The petitioners pray for a direction upon the authority to consider the representation at the earliest and extend the period of lease by five months. It is submitted on behalf of the respondents that the 3rd respondent be directed to consider the representation in accordance with law.

Upon consideration of the submission made on behalf of the parties, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representation submitted by the petitioners dated 25th August, 2022 within two weeks from date of communication of this order upon affording reasonable opportunity of hearing to all the interested parties including the petitioners, in accordance with law. The decision taken by the authority shall be communicated to the petitioners within a week thereof. With the aforesaid directions, WPA 23411 of 2022 is disposed of. There shall however, be no order as to costs.

Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J.)