Sumitra Das@ Adhikari And ORS v. The State Of West Bengal And ORS

15 22.02.2021 CALCUTTA HIGH COURT Sc

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE JURISDICTION (Via Video Conference) W.P.A. 374 OF 2021 ---------- Sumitra Das @ (Adhikari) & Ors.

-vs.- The State of West Bengal & Ors.

Mr. Jagriti Mishra ....For the Petitioners.

Mr. Subir Kumar Saha Mr. Momenur Rahman.

....For the State 1.

This is an application under Article 226 of the Constitution of India wherein the writ petitioners are aggrieved by the inaction on the part of the respondent authorities in considering their representations dated September 4, 2018 and October 9, 2018.

2.

I have heard counsel appearing for both the parties and perused the materials on record. In my view, this matter should be sorted out properly by the authority concerned.

3.

In light of the above, I direct the respondent no. 3, being the Special Land Acquisition Officer & Competent Authority of Land Acquisition (SLAO & CALA) to consider the representations of the petitioners and after granting an opportunity of

hearing to the petitioners and the other relevant respondents, pass a reasoned order within a period of four weeks from the date of communication of this order. The reasoned order be communicated to the petitioners within a week of passing of the same. 5.

It is made clear that if the order is in favour of the petitioners, consequential benefits should follow expeditiously.

6.

With the above direction the writ petition is disposed of. There will be no order as to costs. 7.

I make it clear that I have not gone into the merits of this case.

8.

Since no affidavit-in-opposition is called for, the allegations made in the writ petition are deemed not to have been admitted.

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

(Shekhar B. Saraf, J.)