Pradip Maity v. State Of West Bengal And ORS.

April 05, 2022 ARDR (14) WPA 7924 of 2020 Pradip Maity Vs.

The State of West Bengal & Ors.

Mr. Santi Pada Pahari, ...for the petitioner.

Mr. Chandi Charan De, Ms. Srilekha Bhattacharya, ...for the State.

None appears for the 7th respondent.

The petitioner is aggrieved by the fact that his plot of land has been utilised by the respondent authorities without acquisition of the same and the petitioner has been deprived of compensation for the same.

It is submitted on behalf of the State respondents that the petitioner may submit a representation before the concerned authority ventilating his grievance and the concerned authority may ascertain the portion of utilised land owned by the petitioner and whether any portion of the same has been vested. In the event it is found that any portion of the said land is owned by the petitioner, the authority may be directed to initiate process for acquisition of the said plot within a stipulated time frame.

In view of the same, the writ petition is disposed of with liberty to the petitioner to submit a comprehensive representation before the 2nd respondent in this regard within fifteen days from date. The 2nd respondent shall

consider and dispose of the representation within three months from the date of receipt thereof after affording reasonable opportunity of hearing to all the interested parties including the petitioner, in accordance with law. In dealing with the representation, the concerned authority should take into account the submissions made by the learned counsel appearing for the State respondents as recorded in the body of this order. The decision taken by the authority shall be communicated to the petitioner within a week thereof.

With the above observations and directions, WPA 7924 of 2020 is disposed of. 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.)