Disposed

Haradhan Majumder and Another v. State of West Bengal and Ors.

Calcutta HC1 Aug 2022WPA/4003/2022

Case brief

AI extract

What is this about?

The petitioners challenged excavation of their land by the State for a canal without acquisition. The court disposed of the writ petition, directing the 4th respondent to consider the petitioners' representation within two months, granting a hearing, and communicating the decision within a week.

What did the court decide?

Direction to the 4th respondent to consider the petitioners' representation within two months after a hearing and communicate the decision within a week.

Haradhan Majumder and Another Vs State of West Bengal and… — Land Acquisition | Calcutta HC (2022)

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73 01.08.2022 Ct. No.10 b.das

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WPA 4003 of 2022

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Haradhan Majumder & Anr. Vs. The State of W.B. & Ors.

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Mr. Sandipan Pal Mr. Sunny Nandy …for the petitioners. Mr. Soumitra Bandyopadhyay Mr. R. C. Guchhait …for the State.

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Affidavit of service filed on behalf of the petitioners is taken on record.

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Status report filed by the State respondents is taken on record.

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Heard learned counsels for the parties.

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The grievance of the petitioners is that the State Respondents have excavated the plot in question of which the petitioners are the recorded owners, for digging up a canal from Suryapur to Teaurhat, without acquiring the same.

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It is submitted on behalf of the State respondents that the plot in question has not been acquired under any land acquisition case and no proposal for requisition or acquisition of the plot was received from any requiring body.

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The petitioners have submitted a representation before the concerned authority ventilating their grievance

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and pray for consideration of the representation at the earliest.

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Having considered the submissions made on behalf of the parties, the writ petition is disposed of directing the 4^th respondent to consider and dispose of the representation submitted by the petitioners dated 3^rd December, 2021 within a period of two months from the date of communication of this order after granting reasonable opportunity of hearing to all the interested parties including the petitioners, in accordance with law.

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The decision taken by the authority shall be communicated to the petitioners within a week thereof.

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With the above observations and directions, the writ petition being WPA 4003 of 2022 is disposed of.

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However, there shall be no order as to costs.

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Since no affidavit is invited, the allegations contained

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in the petition are deemed not to be admitted.

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Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

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(Suvra Ghosh, J.)

Haradhan Majumder and Another v. State of West Bengal and Ors.

Case brief

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Haradhan Majumder and Another v. State of West Bengal and Ors.

Case brief

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