Calcutta High CourtWPA/1175/2023disposed

Subodh Chandra Paul And ORS v. State Of West Bengal And ORS

2023-07-05Hon'Ble Justice Saugata Bhattacharyya2 pages

CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI 05.07.2023 adeb WPA 1175 of 2023 Sri Subodh Chandra Paul & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Bapi Sarkar ...for the petitioners Mr. Arnab Saha ...for the respondent no. 2 Mr. Hirak Barman Mr. Momenur Rahman ...for the State The present writ petition is instituted chiefly for implementation of the directions as contained in the order dated 2nd March, 2023 passed by a coordinate Bench on a writ petition being WPA 487 of 2023. The grievance of the petitioners is in spite of giving direction by a coordinate Bench on 2nd March, 2023 till date the decision has not been taken by ADM and DL&LRO Alipurduar with regard to settlement of land in question in favour of the petitioners. Mr.

Hirak Barman, learned advocate representing the ADM and DL& LRO Alipurduar being respondent no. 3 submits that due to ensuing panchayat election within the time fixed by the coordinate Bench decision could not be taken by the respondent no. 3, but he assures before this Court that the decision shall be

taken by the respondent no. 3 within 3 (three) weeks from date.

In view of such submission being made on behalf of the respondent no. 3 the writ petition stands disposed of directing the respondent no. 3 to take decision within 3 (three) weeks from date without waiting for communication to be made by the learned advocate representing the petitioners to the respondent no. 3. The decision to be taken by the respondent no. 3 shall be communicated to the parties within 1 (one) week thereafter. The interim protection granted by the coordinate Bench vide a order dated 2nd March, 2023 thereby restraining the Savadhipati Alipurduar Zilla Parisad from taking possession of the land in question shall continue till 3 (three) weeks after communication of the order by the respondent no. 3.

With the aforesaid direction, the writ petition stands disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)