Disposed

Asish Mahapatra & Ors. v. State of West Bengal & Ors.

Calcutta HC19 Mar 2021WPA/20549/2019

Case brief

AI extract

What is this about?

This court directed the District Magistrate to hold a hearing within 30 days to consider representations from petitioners seeking to halt the conversion of vested village land used for cattle feeding, pending the disposal of said representations.

What did the court decide?

Direction to District Magistrate to hear representations and pass a reasoned order by May 31, 2021; stay on further steps regarding the land conversion.

Asish Mahapatra & Ors. Vs State of West Bengal & Ors. — Land Acquisition | Calcutta HC (2021)

¶1

D/L Item No.12 19.03.2021 AP/Kole

¶2

WPA 20549 of 2019

¶3

Asish Mahapatra & Ors. -Vs-

¶4

The State of West Bengal & Ors.

¶5

Mr. Soumen Dutta, Mr. Subhadeep Chatterjee, Mr. Subham Dutta,

¶6

… for the petitioners.

¶7

Mr. Jahar Lal Dey Mr. Shamim Ul Bari,

¶8

… for the State.

¶9

Affidavit of service filed in court today be kept on record.

¶10

Mr. Soumen Dutta, learned Advocate representing the writ petitioner claims that a portion of the village land which has been used by the villagers at large for their cattle feeding, are sought to be converted otherwise without following the due process of law, by the State respondents. Such land is a vested land.

¶11

Several representations were made before the respondent authorities, however, no step had been taken thereon. The representations appended to the writ petition are all written in Bengali. No translated version has been annexed to the writ petition. Learned Advocate for the writ petitioner read over and explained these representations to this Court in presence of Mr. Jahar Lal Dey, learned Advocate representing the State respondents.

¶12

Considering the submissions of the parties, in our view, the justice would be sub-served if direction is made to consider the representations at page 26 and 27 of the writ petition by the District Magistrate through any of his competent officer.

¶13

¶14

The District Magistrate through such competent officer will give a hearing upon a notice of at least seven days to be served on the writ petitioner no. 1. After giving adequate opportunity of hearing to the writ petitioner No.1 or through an authorized representative of the writ petitioners and the private respondents, the District Magistrate through his competent officer will dispose of the representations of the writ petitioners and will pass a reasoned order thereupon and communicate the same to the writ petitioner no. 1 forthwith.

¶15

The above exercise must be carried out on or before May 31, 2021. Till such exercise is carried out no further steps be taken by the state authority in respect of the subject land.

¶16

A copy of this writ petition including all annexures along with a copy of this order must be served on the concerned District Magistrate for his consideration as directed above.

¶17

Since no affidavit has been filed in this writ petition, the allegations made therein are deemed not to have been admitted by the respondents.

¶18

In the light of the above, the present petition being WPA 20549 of 2019 stands disposed of.

¶19

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

¶20

(Thottathil B. Radhakrishnan, CJ.)

¶21

(Aniruddha Roy, J.)

Asish Mahapatra & Ors. v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

Asish Mahapatra & Ors. v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Samiran Molla Vs State of West Bengal & Ors.

Dr Joydev Lahiri Vs the Cheif Election Commission of India and Ors.

Kalawati Devi Vs State of West Bengal & Ors.

The District Election Officer and Ors. Vs Shanti Ranjan Das and Ors.

Paresh Chandra Maity & Ors. Vs State of West Bengal & Ors.

Dipendra Niraula Vs State of West Bengal and Ors.