Sri Dhiren Nandi Vs State of West Bengal and Ors. — Writ and Judicial Review | Calcutta HC (2025)

Sri Dhiren Nandi Vs State of West Bengal and Ors. — Writ and Judicial Review | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to file a fresh proceeding before an Appropriate Forum, if so advised in accordance with law; all connected applications including CAN/1/2024 disposed of as infructuous; expressly no adjudication on the merits, all issues left open.

Issue for consideration

Whether the writ petitioners' claims for compensation for premises allegedly acquired by the State without payment can be determined in Article 226 proceedings, given the factual disputes, rival claims and counter-claims, and the need for an elaborate fact finding exercise including tracing of title to the subject premises. +1 more

Court's answer

Because of the factual disputes and the rival claims and counter-claims made, there is no scope to determine the compensation claims in such proceedings; the claim would require an elaborate fact finding exercise including tracing of title in respect of the subject premises.

Ratio / Principle

WPA 689/2020, WPA 686/2020 and WPA 690/2020 stand dismissed on the ground of maintainability.

Key takeaways

Liberty is granted to the petitioner to file a fresh proceeding before an Appropriate Forum, if so advised in accordance with law.ratio¶22
There has been no adjudication on the merits of the case and all issues are left open to be decided in accordance with law.ratio¶23

Detailed headnote1 paragraphs

High Court at Calcutta (Circuit Bench at Jalpaiguri), 01.07.2025, Ravi Krishan Kapur, J. - WPA 689/2020, WPA 686/2020 and WPA 690/2020 (Sri Narayan Chandra Paul, Sri Chandreshwar Mahato and Sri Dhiren Nandi v. State of West Bengal and Ors): Writ petitions directed against alleged non-payment of compensation for premises acquired by the State dismissed on the ground of maintainability. Holding that the factual disputes, rival claims and counter-claims left no scope for determination in such proceedings, and that the compensation claim required an elaborate fact finding exercise including tracing of title to the subject premises (relying on Gunwant Kaur v. Municipal Committee, Bhatinda, (1969) 3 SCC 769). Petitioners granted liberty to file fresh proceedings before an Appropriate Forum; no adjudication on merits, all issues left open; connected applications including CAN/1/2024 disposed of as infructuous.

01.07.2025 Item No.14 to 16 Court No.01 SK(AR(CR)

In the High Court at Calcutta Circuit Bench at Jalpaiguri

WPA/689/2020

IA NO: CAN/1/2024

SRI NARAYAN CHANDRA PAUL VS STATE OF WEST BENGAL AND ORS

With WPA/686/2020

SRI CHANDRESHWAR MAHATO VS

STATE OF WEST BENGAL AND ORS

With WPA/690/2020

SRI DHIREN NANDI VS STATE OF WEST BENGAL AND ORS

Mr. Sandip Mandal, Mr. Amit Saha, …for the petitioner

Mr.Hirak Barman, Mr. B. Bose, …for the respondent Mr. Raja Saha, Mr. Subham Chanda, ….for SJOA.

This revisional application is directed against alleged non-payment of compensation.

It is submitted on behalf of the writ petitioner that notwithstanding his premises having been acquired by the State they have not received any compensation.

On behalf of the respondent no. 3 being the Siliguri Jalpaiguri Development Authority, it is submitted that by a communication dated

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28 March, 2018, the Land Acquisition Department had categorically examined the respective claim of compensation made in the above petitions by the petitioners and rejected the same on the ground that the same could not be substantiated.

Ordinarily, in a petition under Article 226, the High Court has jurisdiction to try issues both of fact and law. It is true that exercise of discretion must be on sound judicial principles. Thus, rejection of a petition in limine will normally be justified, only where the nature of the claim or dispute requires elaborate and detail ascertainment of facts and adducing of evidence which cannot be carried out in a summary proceeding. [ Gunwant Kaur v. Municipal Committee, Bhatinda , (1969) 3 SCC 769].

In view of the factual disputes which arises for consideration and the rival claims and counter claims made, there is no scope to determine the same in such proceedings. The claim for compensation would require an elaborate fact finding exercise including tracing of tile in respect of the subject premises.

WPA 689/2020, WPA/686/2020 and WPA/690/2020 stand dismissed on the ground of maintainability.

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Liberty is granted to the petitioner to file a fresh proceeding before an Appropriate Forum, if so advised in accordance with law.

It is made clear that there has been no adjudication insofar as the merits of the case are concerned and all issues are left open to be decided in accordance with law.

All connected applications including CAN/1/2024 also stands disposed of as infructuous.

(RAVI KRISHAN KAPUR, J.)