Disposed

Social Aid for the Rural Area (Sara) v. State of West Bengal & Ors.

Calcutta HC8 Feb 2021WPA/3294/2019

Case brief

AI extract

What is this about?

The Court dismissed the writ petition on a suo motu consideration. It directed the Additional District Magistrate to consider specific representations regarding land possession and dispose of them within four weeks after providing the petitioner an opportunity of hearing.

What did the court decide?

Directions issued to the Additional District Magistrate to consider representations, grant a hearing, and pass a reasoned order within 4 weeks.

Social Aid for the Rural Area (Sara) Vs State of West… — Property and Title | Calcutta HC (2021)

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08/02/2021 Item No.11 Court No.38.

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AB Through Video Conference

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WPA 3294 of 2019

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Social Aid for the Rural Area (SARA)

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The State of West Bengal & Ors.

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Mr. Avirup Mondal,

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Mr. Sumitava Chakraborty, Mr. Avirup Chatterjee …for the Petitioner.

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Mr. Soumitra Bandopadhyay, Mr. Subhasish Bandopadhyay …for the State.

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The petitioner is a non-profit making public religious and charitable trust. The petitioner says that it has been in possession of the concerned land since 1992. The petitioner wants a long-term settlement in its favour in respect of the concerned land. Several representations have been made by the petitioner for such purpose to the appropriate officer in the Administration, but to no effect. One such representation is dated June 18, 2018 (Annexure P-6 to the writ petition). The petitioner says that the representation has not been considered at all.

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I have heard learned Counsel for the parties. Having considered the facts and circumstances of the case, I direct the 3^rd respondent being the Additional District Magistrate and the District Land & Land Reforms Officer, South 24 Parganas to consider and dispose of the representation dated June 18, 2018

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(Annexure P-6 to the writ petition) read with the representation dated August 23, 2018 (page 72 of the writ petition) by a reasoned order, in accordance with law and the Rules / Regulations / Circulars/ Notifications, if any, within a period of four weeks from the date of receipt of a copy of this order along with a copy of the writ petition, after giving an opportunity of hearing to the petitioner. The decision so taken shall be communicated to the petitioner within a week from the date of the decision. The petitioner shall be at liberty to rely on relevant documents and orders of this Court at the hearing, to be granted by the 3^rd respondent.

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Needless to say, if the 3^rd respondent finds merits in the representations of the petitioner, appropriate orders will be passed in favour of the petitioner.

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I have not gone into the merits of the petitioner’s claim. It will be upto the 3^rd respondent to take an informed decision in accordance with law.

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Since no affidavit has been called for, the allegations contained in the writ petition are deemed not to be admitted by the respondents.

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WPA 3294 of 2019 is, accordingly, disposed of.

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Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

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(Arijit Banerjee, J.)

Social Aid for the Rural Area (Sara) v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

Social Aid for the Rural Area (Sara) v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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