Prabir Ghoshal v. State Of West Bengal And ORS.

11/02/2021 Item No.101 Court No.38.

AB Through Video Conference W.P.A. 11900 of 2020 Prabir Ghoshal Vs The State of West Bengal & Others Mr. Debasish Banerjee, Ms. Jayasri Bhattacharya ...for the Petitioner. Mr. Chandi Charan De, Mr. Hare Krishna Halder ...for the State.

Affidavit of service filed in Court today be kept with the records.

The petitioner says that a plot of land was allotted to the petitioner by the Asansol Durgapur Development Authority (in short "ADDA") in the year 2011. However, no follow-up action was taken by ADDA and no lease deed was executed in favour of the petitioner. Initially, the petitioner was told that because one of the allottees, whose allotment has been cancelled, had approached Court and the matter was subjudice, nothing further was done in pursuance of the allotment. However, the said case appears to have been disposed of and this Court has directed ADDA to restore the allotment of that allottee.

Learned Counsel for the petitioner submits that the petitioner is in the dark as to what has happened to the allotment that was made in his favour. Representations have been made to the Authority, but in vain. One such representation is dated September 22, 2020.

In spite of service, nobody appears for ADDA. However, the order that I propose to pass will not prejudice the Authority (ADDA) in any manner. I direct the Chief Executive Officer, ADDA, being the 2nd respondent herein, to pass a reasoned order on the representation of the petitioner dated September 22, 2020 (Annexure P-4 to the writ petition), in accordance with law, within a period of four weeks from the date of receipt of a copy of this order along with a copy of the writ petition, after giving an opportunity of hearing to the petitioner or his authorized representative. The order so passed will be communicated to the petitioner within a week from the date of the order.

I have not gone into the merits of the claim of the petitioner. The 2nd respondent shall dispose of the petitioner's representation in accordance with law, as aforesaid.

Since I have not called for any affidavit, the allegations contained in the writ petition are deemed not to be admitted by the respondents.

WPA 11900 of 2020 is, accordingly, disposed of. Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Arijit Banerjee, J.)