Rokiya Bibi And ORS. v. State Of West Bengal And ORS.

03.04.2024 03.04.2024 Ct. No.10 b.das WPA 28003 of 2023 Rokiya Bibi & Ors.

Vs.

The State of W. B. & Ors.

Mr. Tushar Kanti Mukherjee ...for the petitioners.

Mr. K. J. Yusuf Mr. Parikshit Goswami ...for the State.

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

Heard learned counsels for the parties.

It is contended on behalf of the petitioners that the petitioners are the owners of the plot in question which has been utilized by the respondents for construction of road. The land has neither been acquired by due process of law nor any compensation paid to the petitioners for the same. The petitioners submitted a representation before the concerned authority in this regard on 8th November, 2023 which is yet to be considered. The petitioners 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 4th respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 4th respondent to consider and dispose of the

representation submitted on behalf of the petitioners dated 8th November, 2023 within two months from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioners, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereof. In the event the petitioners are entitled to compensation, the concerned authority shall disburse the same in favour of the petitioners within two months thereafter.

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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)