Minati Maity and Ors. Vs State of West Bengal and Ors.

At the time of hearing learned Advocate for the writ petitioners draws attention of this Court to page nos. 18 to 22 of the instant writ petition being copies of LR plot no. 1778 in Mouza – Harinbari under P.S. – Sagar. It is submitted that from the said LR RORs it would reveal that in the said plot no. 1778 the present writ petitioners are in occupation of 0.44 decimal of land out of 1.39 decimal of land. It is submitted that it is the grievance of the writ petitioners that out of 0.44 decimal of land in plot no. 1778 a substantial portion of such land has been used by the respondents/State and its functionaries basically for the purpose of establishment and/or construction of a Police Station without making any formal acquisition and without disbursement of any compensation to the writ petitioners. It is thus submitted that appropriate relief/reliefs may granted to the writ petitioners in terms of the prayers made in the instant writ petition.

2

This Court has heard Mr. De, learned AGP appearing for the respondents/State and its functionaries i.e., the respondent nos. 1 and 2.

On careful consideration of the entire materials as placed before this Court and after hearing the learned Advocates for the contending parties, this Court while disposing the instant writ petition directs the respondent no. 6/authority to make a field enquiry after serving notices upon the writ petitioners and on conclusion of such field enquiry he shall submit his report with the respondent no. 4/authority. The respondent no. 4 is hereby directed to consider a copy of the instant writ petition as a representation of the writ petitioners and he is further directed to consider such representation in the light of the field enquiry report as would be submitted by the respondent no. 6 and after giving an opportunity of hearing to the writ petitioners and/or their legal representatives and/or any other interested person/persons, if he thinks fit and proper and thereafter shall pass a reasoned order forthwith and shall communicate such reasoned order to the writ petitioners preferably by mail, if the mail details of the writ petitioners are provided to him at the time of hearing.

It is made clear that the entire exercise as indicated in the foregoing paragraphs are to be completed within 90 working days from the date of communication of this order.

3

Liberty is given to the learned Advocate-on-Record to forward server copies of this order together with a copy of the instant writ petition along with its all annexures to the respondent nos. 4 and 6 for their compliance.

The respondent nos. 4 and 6 are directed to act on the server copy of this order.

The respondent no. 4/authority is further directed to make clear indication in his report regarding demarcation of the acquired land in plot no. 1778 in Mouza – Harinbari under P.S. – Sagar.

With the aforementioned observation, the instant writ petition being WPA 25119 of 2023 is disposed of.

Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.)

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