Jaga Mahato v. The State Of West Bengal And ORS

18.12.2025 d.p.

Calcutta High Court In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction W.P.A 965 of 2024 Joga Mahata -versus The State of West Bengal & Ors.

Mr. Sankar Nath Mukherjee, Mr. Niraj Gupta, Ms. Sunayana Parveen.

...For the Petitioner.

Mr. Subir Kumar Saha, Ld. AGP, Mr. Pradip Sarkar.

...For the State.

Mr. Raja Saha, Mr. Subham Chanda.

...For SJDA.

1. Report has been filed by SJDA mentioning that the petitioner would be entitled to get plot as per the rehabilitation package policy. A plot has already been allotted to the petitioner. The possession could not be handed over due to encroachment by third parties.

2. The matter has been referred to UDMA Department for instruction and approval.

3. Learned advocate representing the UDMA Department submits that no permission and/or approval was obtained by SJDA prior to allotment of plot to the petitioner.

4. As SJDA asserts that the file is pending approval before UDMA, accordingly, the instant writ petition stands disposed of by directing the Principal Secretary, UDMA to take a decision on the request made by SJDA regarding approval/instruction for allotment of other plot of land to the petitioner as the initial plot allotted is under encroachment by third party.

5. An opportunity of hearing shall be granted by UDMA Department to the petitioner and representative of SJDA.

6. A decision in the matter shall be taken at the earliest but positively within a period of twelve weeks from the date of communication of this order.

7. A reasoned order shall be passed and communicated to all the parties immediately thereafter.

8. The Principal Secretary shall keep in mind that the issue relates to the year 2007 and a final decision shall positively be taken within the time limit specified hereinabove.

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

( Amrita Sinha, J.)