Shyam Sundar Samanta v. State Of West Bengal And ORS.

jdt.

13.01.2023 jb.

W.P.A. 25322 of 2022 (Shyam Sundar Samanta vs. State of West Bengal & Ors.) Mr. Panchanan Hazra .... For the Petitioner Mr. Chandi Charan De .... For the State Affidavit of service filed on behalf of the petitioner is taken on record.

The petitioner complains that his land was requisitioned according to the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as the "said Act of 1948") but the land was not acquired subsequently. In the meantime the said Act of 1948 stood repealed with effect from March 31, 1997.

The petitioner filed a representation before the 4th respondent on 26th September, 2022 for release of his land and payment of compensation but the said representation has not been considered till date. The petitioner prays for consideration of the said representation by the concerned authority.

Having considered the submissions made by the learned counsels appearing on behalf of the parties and the material on record, I dispose of the writ petition with a direction upon the 4th respondent to consider and dispose of the representation filed by the petitioner on 26th September, 2022 within a period of three

months from the date of communication of this order, after giving reasonable opportunity of hearing to all the affected parties 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 this writ petition being WPA No. 25322 of 2022 is disposed of.

There shall be, however, no order as to costs. Since no affidavit in opposition 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 on usual undertakings.

(Suvra Ghosh, J.)