Manmatha Mahato And ANR v. State Of West Bengal And ORS.

November 14, 2022 ARDR (44) WPA 23917 of 2022 Manmatha Mahato & anr.

Vs.

The State of West Bengal & ors.

Adv. Sougata Mitra, Adv. Rameshwar Sinha, Adv. Ankita Dey, ...for the petitioners.

Adv. Partha Pratim Roy, Adv. Ram Chandra Guchait, ...for the State.

The petitioners claim to be the recorded owners of the plots in question as heirs of the original owner Kamala Kanta Mahato, since deceased. The petitioners also claim to have inherited the share of their brother Prafulla Mahato, since deceased, since the said heir expired a bachelor. The petitioners complain that though the plot in question was acquired by the State respondents vide L.A. case no. 46 of 2015-NH32 and compensation to the tune of Rs.18,40,807/- was assessed by the L.A. Collector on 31st December, 2018, such compensation has not been paid to the petitioners till date. The petitioners submitted a representation in this regard on 28th July, 2021 which is yet to be considered. The petitioners pray for a direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 2nd respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the representation submitted by the petitioners dated 28th July, 2021 within one month from the date of communication of this order after 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. A copy of this order along with a copy of the representation dated 28th July, 2021 be sent to the 2nd respondent by the petitioners at the earliest. With the aforesaid directions, WPA 23917 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.)