Harendra Nath Naskar v. State of West Bengal & Ors.
Case brief
What is this about?
Land possession/acquisition dispute disposed of by converting the writ petition into a representation before respondent no.5; directions for fair hearing and reasoned order in accordance with law within 60 working days (peremptory and mandatory); allegations deemed denied as no affidavit called for; doubt expressed over WBHIDCO's status as State instrumentality. Key terms: forcible possession, due process of law, Raiyat, Plot No.1109 and 1111, J.L. No.25, Mouza Kadampukur, Rajarhat Police Station, North 24 Parganas, West Bengal Housing Infrastructure Development Corporation Limited (HIDCO), respondent nos.4 and 5, representation dated 17.01.2003, deceased petitioner substitution/legal heirs, server copy, reasoned order, 60 working days.
What did the court decide?
Writ petition disposed of with directions to respondent no.5 to: (i) treat a copy of the writ petition as the petitioners' representation; (ii) give the writ petitioners and/or their authorized representative a fair chance of hearing; (iii) pass a reasoned order in accordance with law within 60 working days (a peremptory and mandatory limit) from communication of the server copy of the order together with the writ petition and annexures; and (iv) forthwith communicate the reasoned order, and any fact that acquisition proceedings stand completed, to the writ petitioners; liberty to act on the server copy.