M/S. Dutta Enterprise and Anr. Vs State of West Bengal and Ors.

At the time of hearing, Mr. Ray, learned advocate for the writ petitioners at the very outset draws attention of this Court to Page No. 20 to Page No. 49 of the instant writ petition being a photocopy of the deed of conveyance dated 28.01.2019 in the name of the writ petitioners as purchasers whereby and whereunder according to the writ petitioners, they have purchased 1 Bigha 7 Cottahs 10 Chittacks of land being plot no. C in R. S. Dag No. 985 current L.R. Plot No. 1194 appertaining to R.S. Khatian No. 143 in Mouza – Maheshtala.

¶11

It is submitted by Mr. Ray that since the writ petitioners faced difficulty in mutating their names in the land revenue record, the writ petitioners filed a RTI application and in reply thereto, the SPIO and Assistant Land Acquisition Officer, South 24 Parganas under cover of his letter dated 20.02.2023 had given a evasive reply by saying that R.S. Plot Nos. 985 and 986 of

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Mouza – Maheshtala are not found in connection with the land acquisition proceeding but at the same time, it has been replied that C.S. Dag Nos. 985 and 986 are involved in L.A. Case No. 4/48 of 63-64 for Housing Scheme, a copy of which has been annexed at page no. 50 of the instant writ petition.

At this juncture, Mr. Ray draws attention of this Court to Page No. 57 of the instant writ petition being a copy of the letter dated 27.01.2025 as addressed to the respondent nos. 3 and 5 requesting them to intimate the writ petitioners regarding the status of the purchased land of the writ petitioners with a further request to take steps for release of the land if at all acquired in the meantime and is being used by the Housing Department. It is the case of the writ petitioners that despite receipt of such letter which has been sent under Speed Post, the respondent nos. 3 and 5 sat tight over the matter and did nothing.

¶18

It is thus submitted by Mr. Ray that an appropriate order may be passed commanding the respondent nos. 3 and 5 to take effective steps pursuant to the letter dated 27.01.2025 as issued by the writ petitioners .

¶19

After 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. 3 to consider the letter dated 27.01.2025 as written by the writ petitioners as a

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representation of the writ petitioners and thereafter giving an opportunity of hearing either to the writ petitioners or to their authorized representative shall pass a reasoned order on such representation and shall communicate the same soon thereafter preferably by mail, if the mail details of the writ petitioners are provided to him at the time of hearing.

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

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Liberty is given to the writ petitioner no. 2 to communicate the server copy of this order to the respondent no. 3 forthwith.

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The respondent no. 3 is directed to act on the server copy of this order.

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It is, however, made clear that this Court has not gone into the merit of the letter dated 27.01.2025

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With the aforementioned observations, the instant writ petition being WPA 3550 of 2025 is disposed of.

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Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

M/S. Dutta Enterprise and Anr. v. State of West Bengal and Ors.

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M/S. Dutta Enterprise and Anr. v. State of West Bengal and Ors.

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