Sambhu Nath Ghosh And ANR v. State Of West Bengal And ORS.

November 14, 2022 ARDR (46) WPA 23945 of 2022 Sambhu Nath Ghosh & anr.

Vs.

The State of West Bengal & ors.

Adv. Lal Ratan Mondal, Adv. Dilip Kumar Sadhu, ...for the petitioner.

Adv. Susovan Sengupta, Adv. Sanatan Panja, ...for the State.

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

None appears for the respondent nos. 4 and 5 despite service.

The petitioners claim to be the recorded owners of the plot in question and complain that though the said plot has been acquired by the respondents, no compensation has been paid to the petitioners for the same. The petitioners submitted a representation in this regard before the concerned authority on 21st September, 2022 and pray for a direction upon the concerned authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 3rd respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representation submitted by the petitioners dated 21st September, 2022 within two months 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. It is made clear that this Court has not gone into the merit of the case and the concerned authority shall be at liberty to consider the submission made by the petitioners independently in accordance with law.

A copy of this order along with a copy of the representation dated 21st September, 2022 be sent to the 3rd respondent by the petitioners at the earliest. With the aforesaid directions, WPA 23945 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.)