Mangal Murmu v. State Of West Bengal And ORS.

D/L 9 23.12.2024 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 30350 of 2024 Mangal Murmu Vs.

The State of West Bengal & Ors.

Mr. Arka Maiti Ms. Gulsanwara Pervin ... for the Petitioner.

Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal ... for the State respondents

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner belongs to the Scheduled Tribe community. He owns certain portions of tribal land and he intends to sell the same and the sale price would be used for the treatment of his wife. The petitioner is unable to find out a seller from the tribal community to purchase the said land.

3. A prayer has been made before the Project Officer and District Welfare Officer, Paschim Midnapur to permit him to sell the said land to a non-tribal person. The said representation is pending consideration.

4. Learned advocate representing the State respondents is yet to receive instruction in the matter.

5. In view of the above, the instant writ petition is disposed of by directing the respondent no.5 being the Project Officer and District Welfare Officer, Paschim Midnapur to take into consideration the prayer of the petitioner seeking permission to sell the tribal land in accordance with law at the earliest but positively within a period of six weeks from the date of communication of this order. A reasoned order shall be passed and communicated to the petitioner immediately thereafter.

6. If required, the aforesaid respondent may cause a spot inspection of the land proposed to be sold upon prior notice to all the necessary parties. An opportunity of hearing shall be given to the petitioner for causing any enquiry for the purpose of the sale.

7. The writ petition stands disposed of.

8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)