Debanjan Chakraborty And ANR. v. State Of West Bengal And ORS.

S/L 14 19.05.2025 Court. No. 19 Suvayan WPA 29693 of 2024 Debanjan Chakraborty & Anr.

Vs.

State of West Bengal & Ors.

Mr. Omar Faruk Gazi Ms. Ayasha Najrin Ms. Susmita Das ...for the petitioners.

Mr. Soumitra Bandyapadhyay Mr. Srinath Singha ...for the State.

1. The affidavit-of-service as filed today is taken on record.

2. The grievance of the writ petitioners before this Court is that on 25.11.2024 pursuant to a meeting held in Kurchi Shibpur Gram Panchayat, Udaynarayanpur, West Bengal, District - Howrah the Panchayat members of the said Gram Panchayat had decided to utilize the land of the writ petitioners in plot no. 402, Mouza - Shibpur, P.S.

Udaynarayanpur for 'Pathashree' and 'Sajal Dhara' project forcefully without initiating any proceeding for acquisition of the said land and without disbursement of adequate compensation to the writ petitioners.

3. It is the further grievance of the writ petitioners that on 05.12.2024 the members of the said Panchayat and/or their men and agent made an endeavor to oust the writ petitioners from the said property depriving their lawful occupation. It is submitted that finding no other alternative the writ petitioners made a representation

with the respondents/authorities on 05.12.2024 but the same is yet to be disposed of.

4. Mr. Bandyapadhyay, learned Senior Government Advocate appearing on behalf of the respondents/State and its functionaries though disputed the contention of the learned Advocate for the writ petitioners, however, he submits that the respondent no. 6/authority may be directed to consider the representation of the writ petitioners in accordance with law.

5. Considering the entire materials as placed before this Court and also considering the rival submissions of the learned Advocates for the contending parties this Court while disposing the instant writ petition directs the respondent no. 6 to consider the representation of the writ petitioners dated 05.12.2024 and after giving due opportunity of hearing to the writ petitioners as well as the respondent no. 5 and/or to their authorized representatives shall pass a reasoned order and shall forthwith communicate the same to the writ petitioners the respondent on. 5 preferably by mail, if the mail details of the writ petitioners and the respondent no. 5 are furnished to him at the time of hearing.

6. The entire exercise as indicated hereinabove is to be completed by the respondent no. 5 within 45 working days from the date of communication of the server copy of this order.

7. Liberty is given to the learned advocate-on-record for the writ petitioners to communicate the server copy of

this order to the respondent no. 6 for his information and immediate compliance.

8. The time limit as fixed by this Court is mandatory and peremptory.

9. It is further directed that the possession of the writ petitioners shall not be disturbed by the respondent no. 5 or any members of the said Panchayat till passing and communication of the reasoned order by the respondent no. 6 to the writ petitioners and the respondent no. 5

10. The respondent no. 6 is directed to act on the basis of the server copies of this order.

11. With the aforementioned observation, the instant writ petition being WPA 29693 of 2024 is disposed of.

12. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.)