Ashoke Chatterjee v. State Of West Bengal And ORS.

ML 90 07.05.2025 Court No. 14 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 30944 of 2024 Mr. Ashoke Chatterjee -versus The State of West Bengal & Ors.

Mr. Bhaskar Prosad Banerjee, Mr. Parasher Baidya, Ms. Shalini Ghosh.

...For the Petitioner.

Mr. Amrita Lal Chatterjee.

...For the Respondents.

1.

The order of the Land Manager, Bidhannagar dated 20th February, 2024 rejecting the prayer of the petitioner for transfer of lease hold property is impugned herein.

2.

It has been submitted that the said order was passed without providing any opportunity of hearing to the petitioner. Violation of natural justice has been pleaded.

3.

From the report of the respondent authorities there is nothing to suggest that a hearing was granted to the petitioner prior to rejection of his case praying for transfer.

4.

In view of the above, the impugned rejection dated 20th February, 2024 is set aside as the same has been passed without following the principle of natural justice.

5.

The Land Manager, Bidhannagar is directed to consider the matter afresh upon giving prior opportunity of hearing to all the necessary parties and by passing a reasoned order at the earliest but positively within a period of twelve weeks from the date of communication of this order.

6.

All parties will be permitted to produce and rely on documents in support of their respective stand. 7.

Report filed by the Inspector-in-charge, Bidhannagar North dated 17th April, 2025 be retained with the records.

8.

The writ petition stands disposed of.

9.

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

( Amrita Sinha, J.)