Baneshwar Mondal v. State Of West Bengal And ORS

SL 3 31.01.2024 SBIII nm Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA/104/2024 BANESHWAR MONDAL VS STATE OF WEST BENGAL AND ORS Mr. Dhiraj Lakhotia, Ms. Radhika Agarwal, Ms. Khushi Kundu.

...For the Petitioner.

Mr. Hirak Barman, Mr. Bikash Singha.

...For the State.

Supplementary affidavit filed in Court today is taken on record.

In the present writ petition the petitioner prays for direction upon the respondent authority for consideration of his prayer for recording his name in respect of the land which was initially allotted in favour of his father. The land allotted of his father was duly recorded in the name of his father. On expiry of his father, the petitioner prays for recording his name in respect of the said plot of land.

Representation filed by the petitioner is pending consideration at the end of the respondent authority for a considerable period of time.

Learned advocate representing the State respondents refers to the Record of Rights annexed to the writ petition and submits that the land in question was never allotted to the father of the petitioner. His father was merely in possession of the said plot of land.

The land in question is recorded in favour of the Relief and Rehabilitation Department.

Without entering into the issue as to whether the land was allotted or not in favour of the father of the petitioner, as it appears that the representation filed by the petitioner seeking recording his name in the record of rights is pending consideration for a considerable period of time, accordingly, the instant writ petition is disposed of by directing the Block Land and Land Reforms Officer, Phansidewa Block being the respondent no.5 herein to consider the prayer of the petitioner for recording his name in the Record of Rights. If required, an opportunity of hearing may be granted to the petitioner for production of documents in support of his claim.

Learned advocate for the petitioner is directed to forward a copy of the notice demanding justice dated 28.06.2023 along with relevant documents in support of his claim to the aforesaid respondent at the time of communicating the order of the Court. The aforesaid respondent shall pass a reasoned order and communicate the same to the petitioner.

Steps shall be taken in the matter at the earliest, but positively within a period of eight weeks from the date of communication of this order.

If any consequential step is required to be taken, the same shall be taken by the aforesaid respondent in accordance with law.

It is made abundantly clear that this Court has not entered into the merit of the claim of the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties or their advocates on record expeditiously on compliance of usual legal formalities. ( Amrita Sinha, J.)