Disposed

Atin Maity and Ors. v. State of West Bengal and Ors.

Calcutta HC17 Jan 2024WPA/18153/2023

Case brief

AI extract

What is this about?

Petitioners sought implementation of an earlier direction to consider their representations for direct purchase of land by the Irrigation and Waterways Department. The court directed the 5th respondent to act per the 7 February 2023 order and complete the purchase, including disbursal of the assessed amount of Rs.3,65,580/-, within three months.

What did the court decide?

Direction to 5th respondent to complete direct purchase of land and disburse Rs.3,65,580/- within three months.

Atin Maity and Ors. Vs State of West Bengal and Ors. — Land Acquisition | Calcutta HC (2024)

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jdt. 17.01.2024 jb.

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W.P.A. 18153 of 2023 (Atin Maity & Ors. vs. State of West Bengal & Ors.)

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Mr. Tapas Bhattacharyya Mr. Aviroop Bhattacharya … For the Petitioners

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Mr. Chandi Charan De Mr. Anirban Sarkar … For the State

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

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Pursuant to an order passed by this Court on 25^th November, 2022 in W.P.A. 9153 of 2022, directing the concerned authority to consider and dispose of the representations submitted by the petitioners dated 15^th November, 2018 and 8^th March, 2022 respectively within a stipulated time frame, the Secretary and LRC, Land and Land Reforms and Refugee Relief Rehabilitation Department, by an order passed on 7^th February, 2023 requested the Principal Secretary, Irrigation and Waterways Department, Government of West Bengal to place the fund as mentioned in the proposal for direct purchase of land sent by the Executive Engineer-II, Joynagar, vide No. 748-EII dated 12^th July, 2022 and No. 48-EII dated 13^th January, 2023 at the soonest possible for giving effect to the direct purchase of the land in terms of the existing guidelines. The petitioners and other concerned officers

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were requested to cooperate and take all necessary action in this regard with due priority.

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Learned counsel for the petitioners submits that despite such order, no step has been taken by the Principal Secretary, Irrigation and Waterways Department till date.

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Learned counsel for the respondents submits that the 5^th respondent be directed to act in terms of the order dated 7^th February, 2023 in accordance with law.

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In view of the above, the writ petition is disposed of directing the 5^th respondent to act in terms of the order dated 7^th February, 2023 passed by the Secretary and LRC, Land and Land Reforms and Refugee Relief Rehabilitation Department and complete the entire exercise of direct purchase including disbursal of the amount of Rs.3,65,580/- as assessed by the authority within three months from the date of communication of this order.

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There shall be no order as to costs.

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Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

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Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

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(Suvra Ghosh, J.)

Atin Maity and Ors. v. State of West Bengal and Ors.

Case brief

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Atin Maity and Ors. v. State of West Bengal and Ors.

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