Biplab Biswas And ORS v. State Of West Bengal And ORS.

ss/ jks 13.12.2022 WPA(P) 606 of 2022 Biplab Biswas & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Pratip Kumar Chatterjee ... ... for the petitioners Mr. Jahar Lal De Mr. Supratim Dhar ... ... for the State In this public interest petition the petitioners belonging to Hizole Gram Panchayat has raised an issue in respect of non-inclusion of eligible petitioners in the list of beneficiaries prepared for grant of Patta. The plea of the petitioners is that a list has been prepared without conducting proper survey.

Learned counsel appearing for the petitioners has pointed out that the petitioners representation dated 3rd November, 2022 is pending before the respondent no.2, District Magistrate, Murshidabad. He has also drawn the attention of this Court to the order dated 1st August, 2022 passed in WPA(P) 337 of 2022 in the case of Alip Roy and others versus The State of West Bengal and others and submitted that the case of the petitioners stands on the same footing.

Learned counsel for the State is opposed the petition but has not disputed the identical petition in the matter of Alip Roy (supra) has been disposed of by this Court.

Considering the limited grievance raised by the petitioners and also taking note of the fact that the petitioners' representation dated 3rd November, 2022 is pending before the respondent no.2, we deem it proper to dispose of the present petition directing the respondent no.2 to duly consider the petitioners' representation in accordance with law.

While deciding the representation it will be open to the respondent no.2 to conduct an enquiry if the need so arises and also give opportunity of hearing to all the concerned parties.

Let the above exercise be completed within a period of two months from the date of receipt of a copy of this order.

Petition is accordingly disposed of.

(Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)