Lakshmi Dolai @ Laxmi Dolai v. Union Of India And ORS.

S/L 10 12.09.2025 Court. No. 19 Sourav WPA 23641 of 2023 Smt. Lakshmi Dolai @ Smt. Laxmi Dolai Vs.

The Union of India & Ors.

Mr. Nandadulal Bandyopadhyay ... for the petitioner.

Ms. Manika Roy Ms. Ankita Chowdhury Mr. Atanu Sur ... for NHAI.

1.

The affidavit-of-service as filed today on behalf of the writ petitioner is taken on record.

2.

By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondents/authorities, more specifically, against the respondent no. 5/authority commanding him to take appropriate steps for disbursement of compensation for utilization of the land of the writ petitioner, particulars of which have been mentioned in paragraph no. 2 of the instant writ petition in accordance with law. 3.

At the time of hearing, Mr. Bandyopadhyay, learned advocate appearing on behalf of the writ petitioner draws attention of this Court to Page Nos. 18 to 21 of the instant writ petition. It is submitted that from the said pages, it would reveal that the writ petitioner submitted a representation with the respondent nos. 2, 3 and 4 for grant of adequate compensation but of no effect. 4.

Ms. Roy, learned advocate appearing on behalf of the NHAI authority submits before this Court that the

respondent nos. 2 to 4 are not the appropriate authorities for determining the compensation. 5.

It appears to this Court that despite service, none appears on behalf of the respondent no. 5/authority i.e., the Additional District Magistrate (LA), Medinipur, Paschim Medinipur.

6.

In view of such, this Court while disposing the instant writ petition directs the respondent no. 5/authority to consider the copy of the instant writ petition as a representation of the writ petitioner. The respondent no. 5/authority is further directed to give a fair chance of hearing to the writ petitioner and/or her authorized representative and shall thereafter pass a reasoned order and shall forthwith communicate the same to the writ petitioner by Speed Post.

7.

The entire exercise as indicated in the foregoing paragraphs is to be completed by the respondent no. 5/authority positively within 90 working days from the date of communication of the server copy of this order together with a copy of the instant writ petition. 8.

Liberty is given to the learned advocate on record for the writ petitioner to communicate the server copy of this order along with a copy of the instant writ petition to the respondent no. 5/authority.

9.

The respondent no. 5/authority is hereby directed to act on the basis of the server copy of this order.

10. The time limit as fixed by this Court is mandatory and peremptory.

11.

Before parting with, it is, however, made clear that since the affidavits have not been called for, the allegations as made in the instant writ petition are deemed to have been denied.

12.

With the aforementioned observations, the instant writ petition being WPA 23641 of 2023 is disposed of. 13.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Partha Sarathi Sen, J.)