Pranesh Barman & Others v. State Of West Bengal & ORS

December 01, 2021 ARDR (123) WPA 28480 of 2014 Pranesh Barman & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Saktipada Jana, ...for the petitioners.

Mr. Chandi Charan De, Ms. Chandana Ghosh, ...for the State.

Heard learned counsels for the parties.

The petitioners' grievance is that though their land was utilised by the State before about thirtyseven years, the proceeding under Act I of 1894 stood lapsed and the land was not acquired at all. The petitioners submit that they are agreeable to the proposal, if any, by the State authorities for direct purchase of the land in question. A representation was filed by the petitioners before the authority on 26th April, 2013 ventilating their grievance, but the same has not been considered as yet. The petitioners pray for consideration of the said representation by the authority at the earliest.

Having considered the submissions made on behalf of the parties and material on record, I dispose of the writ petition with a direction upon the respondent no.4 to consider and dispose of the representation filed by the petitioners dated 26th April,

2013 within a period of two months from the date of communication of this order, after affording reasonable opportunity of hearing to all the interested parties including the petitioners, in accordance with law. The order passed by the authority should be communicated to the petitioners within a fortnight thereafter.

With the aforesaid observations and directions, WPA 28480 of 2014 is disposed of. However, there shall be no order as to costs.

Since no affidavit has been 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 upon compliance of all necessary formalities.

(Suvra Ghosh, J.)