Sandhya Rani Mahata v. State Of West Bengal And ORS.

04.12.2024 Ct. No. 2 Sl. No. 37 tbsr WPA 28211 of 2024 Sandhya Rani Mahata Vs.

State of West Bengal & Ors.

Mr. Lalratan Mondal Mr. Dilip Kumar Sadhu ....for the petitioner Mr. Syed Shamsul Arefin Ms. Deblina Mukherjee ....for the State Affidavit of service, filed in court today, is taken on record.

Mr. Lalratan Mondal, learned counsel appears for the petitioner.

Mr. S. S. Arefin, learned State counsel appears for respondent nos. 1 to 7.

Respondent no. 8 is not represented.

The petitioner complains of that for the purpose of an alleged extension of road of PWD authority seeks to utilize the land of the petitioner which is situated immediately beside the PWD land without initiating any acquisition process. The petitioner has submitted its representation dated October 30, 2024 at page 30 to the writ petition, but the same has not been considered.

In view of the above, the petitioner shall serve a copy of the complete set of writ petition upon the respondent no. 3 within seven days from date. The respondent no. 3 then after issuing a prior hearing notice of at least seven days to the petitioner and the respondent no. 8 and after granting them an opportunity of hearing shall decide the issue in the light of the case made out in the writ petition by passing a reasoned order in accordance with law.

The entire exercise shall be carried out and completed by the respondent no. 3 positively within a period of six weeks from the date of receiving a copy of the writ petition along with a copy of today's order to be served by the petitioner. The reasoned order shall be communicated to the petitioner and the respondent no. 8 positively within a period of one week from the date of the said reasoned order to be passed.

It is made clear that widening of PWD road involves public purpose. Therefore, if the PWD authority requires the land of the petitioner for widening or extension of PWD roads or for any construction in connection there with, PWD authority shall proceed following the due process of law in respect of the land of the petitioner or any portion of it.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 28211 of 2024 stands disposed of, without any order as to costs.

Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Aniruddha Roy, J.)