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2024 DAILYLAW 2181 (CAL)

SUBRATA DEY AND ANR v. STATE OF WEST BENGAL AND ORS.

WPA/23963/2024 · 2026-06-24

body2024

Judgment text

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49 2244..0066..22002266 Ct. No.15 b.das WPA 23963 of 2024 Subrata Dey & Anr. Vs. The State of W.B. & Ors. Mr. Arijit Pradhan …for the petitioners. Mr. Santimay Bhattacharya Mr. Ziaul Haque …for the respondent nos. 3 & 4. Mr. Madhu Jana Ms. Puja Sonkar …for the State. Affidavit of service filed by the petitioners is taken on record. The Panchayat Samity and the Panchayat are not represented despite service. The petitioners claim to be the owners of 21 decimals of land in Dag No.845 in Mouja Khajuri and allege that the Block Development Officer, Sabang Block Division, being the 6th respondent herein and the Pradhan, Dashagram 4 No. Gram Panchayat, being the 8th respondent herein, have constructed a road under the Prodhan Mantri Sadak Yojana by encroaching upon a portion of their land without acquiring the same or obtaining consent from them. The petitioners submitted a representation in this regard before the concerned authority on 14th June, 2024, which is yet to be considered. The petitioners seek consideration of the same. In view of the above, the Block Development Officer, Sabang Block Division, being the 6th respondent herein, is 2 directed to consider and dispose of the representation submitted by them dated 14th June, 2024 within four weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioners, in accordance with law. The decision taken by the authority shall be communicated to the petitioners within a week thereof. The writ petition is disposed of accordingly. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been 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.)