Sova Sen & Ors vs State Of W. B. & Ors
2022 Latest Caselaw 693 Cal

50
18.02.2022
Ct. No.10
   b.das
                             W.P.A. 2010 of 2022

                           (Via Video Conference)


                         Sova Sen & Ors.
                               Vs.
                         State of W. B. & Ors.


                   Mr. Utpal Majumder
                   Ms. D. Chomal
                   Mr. D. Ghosh                   ...for the petitioner.

                   Mr. Chandi Charan De
                   Ms. R. Rahaman       ...for the State.



                   Affidavit of service filed on behalf of the petitioner is

             kept with the record.

                   Heard learned counsels for the parties.

                   The contention of the petitioner, in brief, is that the

             first petitioner filed a return on Urban Land (Ceiling &

             Regulations) Act, 1976 before the competent authority in

             respect of 11 cottahs 7 chittaks 10 square feet of land with

             building in holding Nos.126/3D. 126/3E and 126/3B,

             Narkeldanga    Main     Road,    Kolkata,      possessed     by    the

             petitioners, no notice of vesting with regard to the said land

             being served on the petitioners.          A draft statement was

             prepared by the authority on 29 th January, 1983 indicating

             265.98   square    metres       of    excess    vacant      land   as

             provisionally determined being occupied by the petitioners
                      2




and an objection filed by the petitioners to the said

statement was dismissed by the authority.       The appeal

preferred against the said order of the authority dated 2 nd

September, 1983 was allowed on merit and it was observed

by the appellate authority that the petitioner could retain

667.82 square metres of the land in question. In terms of

the direction of the appellate authority, the competent

authority prepared a draft statement on 21 st February,

1991 and determined that the petitioner can hold vacant

land to the extent of 229.29 square metres, without taking

into consideration the observation of the Hon'ble Supreme

Court in the judgment in Meera Gupta (SMT) vs. State of

West Bengal & Ors. reported in (1992) 2 SCC 494.        The

petitioners seek liberty to submit a representation before

the competent authority ventilating their grievance and

pray for direction upon the authority to consider the

representation at the earliest.

      Learned counsel for the respondents also submits

that the authority may be directed to consider the

representation submitted by the petitioners within a

stipulated time frame.

In view of the above, the writ petition is disposed of

with liberty to the petitioners to submit a comprehensive

representation before the 2nd respondent ventilating their

grievance within a fortnight from date. The 2nd respondent

shall consider and dispose of the representation within a

period of two months from the date of receipt thereof, after

affording reasonable opportunity of hearing to all the

interested parties including the petitioners, in accordance

with law.

The decision taken by the authority shall be

communicated to the petitioners within a week thereafter.

With the above observations and directions this writ

petition being WPA 2010 of 2022 is disposed of.

However, there shall be no order as to costs.

Since no affidavit is invited, the allegations contained

in the petition are deemed not to be admitted.

Urgent certified website copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Suvra Ghosh, J.)