Anamula Hak Seikh @ Sk. Anamul Hak and Ors. Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Anamula Hak Seikh @ Sk. Anamul Hak and Ors. Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to respondent no. 6 to treat the letter dated 27.01.2025 as the writ petitioners' representation, afford the writ petitioners and/or their authorized representative an opportunity of hearing, pass a reasoned order in writing and communicate it forthwith, preferably by mail; the entire process to be completed within 90 working days from communication of the server copy; liberty to the advocate on record to communicate the server copy, on which respondent no. 6 is to act; and, if merit is found in the representation, to take appropriate steps in accordance with law.

Issue for consideration

Whether the writ petitioners' land was utilized for the Bhatar-Samanti Road and Chatni Link Road without initiating any acquisition proceeding in accordance with law and without payment of adequate compensation. +1 more

Court's answer

In the event respondent no. 6 finds sufficient merit in the representation dated 27.01.2025 of the writ petitioners, respondent no. 6 is further directed to take appropriate steps in accordance with law.

Ratio / Principle

This Court directs respondent no. 6 to consider the writ petitioners' letter dated 27.01.2025 as a representation of the writ petitioners.

Key takeaways

Respondent no. 6 shall give the writ petitioners and/or their authorized representative an opportunity of hearing and pass a reasoned order in writing.ratio¶15
The reasoned order is to be communicated forthwith to the writ petitioners, preferably by mail, if the mail details of the writ petitioners are furnished to respondent no. 6 at the time of hearing.ratio¶15
The entire process directed by the Court is to be completed within 90 working days from the date of communication of the server copy of the order.

Detailed headnote1 paragraphs

Writ petition (WPA 7357 of 2025), decided on 16.04.2025 by Partha Sarathi Sen, J. The writ petitioners alleged that a huge quantum of their land was utilized for the Bhatar-Samanti Road and the Chatni Link Road without initiating any acquisition proceeding in accordance with law and without adequate compensation, and that despite their letter/representation dated 27.01.2025, respondent nos. 2, 4 and 6 sat tight over the matter. Disposing of the writ petition, the Court directed respondent no. 6 to consider the letter dated 27.01.2025 as the writ petitioners' representation and, after giving an opportunity of hearing to the writ petitioners and/or their authorized representative, to pass a reasoned order in writing and communicate it forthwith to the writ petitioners, preferably by mail if mail details are furnished at the time of hearing. The entire process was to be completed within 90 working days from the date of communication of the server copy of the order. Liberty was given to the learned advocate on record to communicate the server copy to respondent no. 6, who was directed to act on it; and if respondent no. 6 found sufficient merit in the representation, to take appropriate steps in accordance with law.

S/L 16 16.04.2025 Court. No. 19 Sourav

WPA 7357 of 2025

Anamula Hak Seikh @ Sk. Anamul Hak & Ors. Vs.

The State of West Bengal & Ors.

Mr. Gazi Faruque Hossain Ms. Varsha Roy

… for the petitioners.

Mr. Supratim Dhar Ms. Sanchayita De

… for the State.

The affidavit-of-service as filed in Court today is taken on record.

At the very outset, learned advocate for the writ petitioners draws attention of this Court to Page No. 22 of the instant writ petition being a copy of the letter dated 27.01.2025 as written by the writ petitioners addressed to the respondents/authorities.

It is the grievance of the writ petitioners that a huge quantum of land belonging to the writ petitioners was utilized for the purpose of Bhatar-Samanti Road and Chatni Link Road without initiating any acquisition proceeding in accordance with law and for such unlawful utilization, the writ petitioners were also not given adequate compensation.

It is the case of the writ petitioners that despite receipt

of the said letter dated 27.01.2025, the respondents/authorities, more specifically, the respondent nos. 2, 4 and 6 sat tight over the matter and practically did nothing.

2

On perusal 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 to consider the letter dated 27.01.2025 as written by the writ petitioners as a representation of the writ petitioners and after giving an opportunity of hearing to the writ petitioners and/or their authorized representative shall pass a reasoned order in writing and forthwith communicate the same to the writ petitioners preferably by mail, if the mail details of the writ petitioners are furnished to the respondent no. 6 at the time of hearing.

It is made clear that the entire process 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.

Liberty is given to the learned advocate on record to the writ petitioners to communicate the server copy of this order to the respondent no. 6.

The respondent no. 6 is hereby directed to act on the server copy of this order.

It is further directed that in the event, the respondent no. 6 finds that there is sufficient merit in the representation dated 27.01.2025 of the writ petitioners, the respondent no. 6 is further directed to take appropriate steps in accordance with law.

3

With the aforementioned observations, the instant writ petition being WPA 7352 of 2025 is disposed of.

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

(Partha Sarathi Sen, J.)