Uttam Kumar Saha v. State Of West Bengal And ORS.

Item- 2.

WPA 24847 of 2025 14-11-2025 Uttam Kumar Saha Ct. 19 sg

Versus

The State of West Bengal & Ors.

Mr. Pinaki Dhole Mr. Rabindra Kr. Pathak ...for the petitioner Mr. Sabyasachi Mukhopadhyay Ms. Oindri Mukherjee ...for the respondent nos. 6&7 Mrs. Jhuma Chakraborty Ms. Kakoli Naskar ...for the State The petitioner claims to be the co-owner of RS plot nos. 443 and 447, within Mouza Jhaljhalia, under Police Station Englishbazar in the District of Malda. The petitioner states that, only a portion of the aforesaid plots of land were acquired and the petitioner has approached this Court praying for a direction upon the respondent authorities to release the balance portion of the aforesaid plots of land, which were not subject to any acquisition proceeding.

Pursuant to the order dated November 10, 2025, the Special Land Acquisition Officer, Malda, filed a report dated 11th November, 2025 in Court annexing various documents. The said report is taken on record.

After going through the documents annexed to the said report, this Court finds that there are three acquisition proceedings being LA Case Nos. 12/V/1955-56, 09/V/195657 and 12/V/1961-62 and the total acquired area was 3.66 acres and payment has been made to the awardee. Upon perusal of the said report, this Court finds that 0.93 acres in RS plot No. 443 was fully acquired and 2.73

acres of land out of 2.78 acres of land in RS plot no. 477 was acquired.

After going through the said report, Mr. Pinaki Dhole, learned Advocate appearing for the petitioner, submits that the person who has received the compensation as indicated in the said report was not entitled to receive the compensation. He states that the petitioner being the recorded raiyat in respect of 185.5 decimals in respect of RS plot nos. 443 and 447 was entitled to receive compensation. The dispute as to whether the person to whom the compensation amount was paid or the petitioner was entitled to receive compensation for acquisition of the aforesaid plots, cannot be decided in this writ petition.

Accordingly, WPA 24847 of 2025 stands disposed of.

It will be open to the petitioner to approach the appropriate authority in accordance with law for the redressal of his grievances relating to apportionment of compensation. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Hiranmay Bhattacharyya, J.)