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Calcutta High CourtWPA/23469/2023disposed

Mohan Maji v. State Of West Bengal And ORS.

2023-12-21Hon'Ble Justice Suvra Ghosh2 pages

21.12.2023 Ct.No.10 b.das WPA No. 23469 of 2023 Mohan Maji Vs.

The State of West Bengal & Ors.

Mr. Panchanan Hajra ...for the Petitioner.

Mr. Chandi Charan De Ms. Reshma Chatterjee ...for the State.

Affidavit of service filed on behalf of the petitioner is taken on record.

It is contended on behalf of the petitioner that his land was requisitioned in terms of the West Bengal Land (Requisition and Acquisition) Act, 1948 but the land was not acquired subsequently. In the meantime the Act of 1948 stood repealed with effect from March 31, 1997. The Scheme was also abandoned.

The petitioner submitted a representation before the concerned authority on 21st August, 2023 seeking release of his land and payment of compensation. The representation is yet to be considered. The petitioner prays for a direction upon the concerned authority to consider the representation at the earliest.

Learned counsel for the respondents submits that the 4th respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition disposed of directing the 4th respondent to consider and dispose of the

representation submitted by the petitioner dated 4th September, 2023 within a period of three months from the date of communication of this order, upon affording reasonable opportunity of hearing to all concerned including the petitioner, in accordance with law. In the event the representation is decided in favour of the petitioner, necessary consequential steps be taken by the 4th respondent within a month thereafter. With the above observations and directions the writ petition is disposed of.

There shall be, however, 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)