Rabisankar Adak & ORS v. State Of West Bengal & ORS

21.12.2021 rc/ct.no.10 Item No.02-06 WPA No. 21643 of 2019 Samir Dey & Anr.

WPA No. 21645 of 2019 Rabisankar Adak & Anr.

WPA No. 21649 of 2019 Abanti Kumar Ghosh & Anr.

WPA No. 21651 of 2019 Sambhu Nath Kole & Anr.

WPA No. 21654 of 2019 Umarani Ghosh & Ors.

WPA No. 21657 of 2019 Sachindranath Ghosh WPA No. 21659 of 2019 Ashok Kumar Pal & Anr.

WPA No. 21662 of 2019 Kalipada Debnath WPA No. 21664 of 2019 Shibupada Dey WPA No. 21667 of 2019 Monoroma Konar & Anr.

WPA No. 21670 of 2019

Ajoy Kumar Chakraborty & Ors WPA No. 21673 of 2019 Uma Pratihar & Ors.

WPA No. 21675 of 2019 Gopal Dey & Ors.

WPA No. 21677 of 2019 Swapan Saha & Ors.

WPA No. 21679 of 2019 Kashinath Manna & Ors.

WPA No. 21682 of 2019 Dhananjoy Garai & Ors.

WPA No. 21684 of 2019 Ranojit Ghosh & Anr.

WPA No. 21686 of 2019 Hiraprova Ghosh WPA No. 21687 of 2019 Golser Mallick & Ors.

WPA No. 21690 of 2019 Sekhar Kumar Ghosh & Ors.

WPA No. 21693 of 2019 Kanchanbala Ghosh & Ors.

WPA No. 21694 of 2019 Shyamsundar Mondal & Ors.

WPA No. 21696 of 2019 Harekrishna Sinha WPA No. 21697 of 2019 Kanchanbala Ghosh Mr. Tarun Jyoti Tiwari Mr. Panchanan Hazra Mrs. Rajlakshmi Ghatak ...for the petitioners Mr. Chandi Charan De Mr. Susovan Sengupta Mr. Soumitra Bandyopadhyay Mr. Jaharlal De Mr. R.N.Dutta Mr. Debabrata Mondal Mr. Anirban Sarkar Mr. Supratim Dhar Mrs. Tapati Samanta Mrs. Tuli Sinha Mr. Subhendu Banerjee Mr. Susanta Pal Mr. Murari Mohan Chakraborty Mr. Suprabhat Bhattacharjee Mr. Shamim Ul Bari Mr. Mrinal Kanti Biswas Mr. Subhasish Bandyopadhyay Mr. Subir Pal Mr. Priyabratra Batabyal Mrs. Chandana Ghosh ...for the State Since common issues are involved in these writ petitions to be decided, by consent of the parties, these matters are taken up for hearing analogously and are disposed of by a common order.

Affidavits-in-opposition filed in WPA No. 21643 of 2019, WPA No. 21645 of 2019, WPA No. 21651 of 2019, WPA No. 21654 of 2019, WPA No. 21670 of 2019, WPA No. 21686 of 2019, WPA No. 21693 of 2019, WPA No. 21694 of 2019 and WPA No. 21696 of 2019 be taken on record. Affidavits-in-reply filed in WPA No. 21645 of 2019, WPA No. 21651 of 2019, WPA No. 21654 of 2019, WPA No. 21670 of 2019, WPA No. 21686 of 2019, WPA No. 21693 of 2019 and WPA No. 21696 of 2019 be taken on record. It is submitted by the learned counsel appearing on behalf of the petitioners that their lands were requisitioned in accordance with West Bengal Land (Requisition and Acquisition) Act, 1948 but the lands were not acquired subsequently. In the meantime the West Bengal Land (Requisition and Acquisition) Act, 1948 stood repealed with effect from March 31, 1997.

The petitioners filed representations before the respondent no. 3 on August 26, 2019 in WPA No. 21643 of 2019, on August 26, 2019 in WPA No. 21645 of 2019, on September 12, 2019 in WPA No. 21647 of 2019, on September 02, 2019 in WPA No. 21649 of 2019, on September 16, 2019 in WPA No. 21651 of 2019, on August 26, 2019 in WPA No. 21654 of 2019, on August 26, 2019 in WPA No. 21657 of 2019, on August 26, 2019 in WPA No. 21659 of 2019, on August 26, 2019 in WPA No. 21662 of 2019, on September 02, 2019 in WPA No. 21664 of 2019, on September 12, 2019 in WPA No. 21667 of 2019, on August 26, 2019 in WPA No.

2019, on September 12, 2019 in WPA No. 21673 of 2019, on August 26, 2019 in WPA No. 21675 of 2019, on September 12, 2019 in WPA No. 21677 of 2019, on August 13, 2019 in WPA No. 21679 of 2019, on August 13, 2019 in WPA No. 21682 of 2019, on September 16, 2019 in WPA No. 21684 of 2019, on August 26, 2019 in WPA No. 21686 of 2019, on August 19, 2019 in WPA No. 21687 of 2019, on August 26, 2019 in WPA No. 21690 of 2019, on September 12, 2019 in WPA No. 21693 of 2019, on September 16, 2019 in WPA No. 21694 of 2019, on September 12, 2019 in WPA No. 21696 of 2019 and on September 12, 2019 in WPA No. 21697 of 2019 but the said representations are yet to be considered. Petitioners pray for a direction upon the authorities to consider the said representations at the earliest.

Having considered the submissions made by the learned counsels appearing on behalf of the parties and the material on record, I dispose of the writ petitions with a direction upon the respondent no. 3 to consider and dispose of the representations filed by the petitioners in each case within a period of six months from the date of communication of this order, after giving reasonable opportunity of hearing to all the affected parties including the petitioners, in accordance with law.

With the above observations and directions these writ petitions being WPA No. 21643 of 2019, WPA No. 21645 of 2019, WPA No. 21647 of 2019, WPA No. 21649 of

2019, WPA No. 21651 of 2019, WPA No. 21654 of 2019, WPA No. 21657 of 2019, WPA No. 21659 of 2019, WPA No. 21662 of 2019, WPA No. 21664 of 2019, WPA No. 21667 of 2019, WPA No. 21670 of 2019, WPA No. 21673 of 2019, WPA No. 21675 of 2019, WPA No. 21677 of 2019, WPA No. 21679 of 2019, WPA No. 21682 of 2019, WPA No. 21684 of 2019, WPA No. 21686 of 2019, WPA No. 21687 of 2019, WPA No. 21690 of 2019, WPA No. 21693 of 2019, WPA No. 21694 of 2019, WPA No. 21696 of 2019 and WPA No. 21697 of 2019 are disposed of.

There shall be, however, no order as to costs. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)