(Bidyut Kumar Das & Anr vs State Of West Bengal & Ors.)
2023 Latest Caselaw 1337 Cal

53
jdt.
       22.02.2023
         jb.
                                 W.P.A. 3392 of 2023
                    (Bidyut Kumar Das & Anr. vs. State of West Bengal & Ors.)

                    Mr. Imtiaz Ahmed
                    Ghazala Firdaus
                    Mr. Aninda Sundar Das
                    Mr. Sounak Ghosh
                    Sk. Saidullah
                    Mr. Mithun Mondal
                    Md. Arsalan
                            .... For the Petitioners

                    Mr. Soumitra Bandyopadhyay
                    Mr. Srikanta Paul
                           .... For the State


                            Affidavit of service filed on behalf of the

                     petitioners is taken on record.

                            Heard learned counsels for the parties.

                            It is contended on behalf of the petitioners

                     that by a judgment and decree of the civil Court

                     passed on 29th June, 1984 the petitioners were

                     declared owners of the plot in question. The State of

                     West Bengal, being the defendants in the suit, were

                     restrained by an order of permanent injunction from

                     interfering with the peaceful possession of the

                     petitioners in the said plot. The judgment was

                     carried in appeal by the State and by judgment

                     delivered on 7th May, 1988 in title appeal No. 4 of

                     1986, the appeal was dismissed on merits.

                            It is submitted on behalf of the petitioners

                     that the plot in question has been wrongly mutated

                     in the name of the State respondents and challenge

to such mutation by the petitioners is pending.

Taking advantage of such erroneous mutation, the

State respondents have encroached upon a portion

of the said land and are developing water project on

the said land. The petitioners submitted a

representation ventilating their grievance before the

concerned authority on 12th January, 2023 which is

yet to be considered. The petitioners pray for a

direction upon the authority to consider the

representation at the earliest.

It is submitted on behalf of the respondents

that the 2nd respondent be directed to consider the

representation, in accordance with law.

In view of the above, the writ petition is

disposed of directing the 2nd respondent to consider

and dispose of the representation submitted by the

petitioners dated 12th January, 2023 within two

months from the date of communication of this

order upon affording reasonable opportunity of

hearing to all the interested persons including the

petitioners, in accordance with law.

The decision taken by the authority shall be

communicated to the petitioners within a week

thereof.

Pending disposal of the representation, the

State respondents, particularly the respondent no. 8

are restrained from encroaching upon any portion of

the plot in question any further or raising any

construction therein.

The writ petition is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations

contained in the writ petition shall be deemed not to

have been admitted.

Urgent certified website copy of the order, if

applied for, be given to the parties on compliance of

requisite formalities.

(Suvra Ghosh, J.)