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2025 DAILYLAW 43327 (CAL)

JOYDEB BISWAS AND ORS. v. THE STATE OF WEST BENGAL AND ORS.

WPA/24826/2024 · 2025-07-15

Partha Sarathi Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S/L 10 15.07.2025 Court. No. 19 Suvayan WPA 24826 of 2024 Joydeb Biswas & Ors. Vs. The State of West Bengal & Ors. Mr. Timir Baran Saha …for the petitioners. Mr. Chandi Charan De, AGP Ms. Reshma Chatterjee …for the State. 1. The affidavit-of-service as filed today on behalf of the writ petitioners is taken on record. 2. At the time of hearing Mr. Saha, learned Advocate appearing on behalf of the writ petitioners draws attention of this Court to paragraph no. 2 of the instant writ petition. It is submitted that it is the specific case of the writ petitioners that the petitioners they are the owners of the 17 decimal of land in Plot no. 1468 in Mouza – Baruipara which is ‘bhita’ in nature and the said property was inherited by the writ petitioners from their predecessor in interest. 3. It is further submitted on behalf of the writ petitioners that since the aforementioned land of the writ petitioners particulars of which has been mentioned in paragraph no. 2 of the instant writ petition is proposed to be utilized by the respondents/authorities under Direct Purchase Scheme, the writ petitioners agreed to such proposal, however, it has come to the notice of the writ petitioners that the respondents/authorities made an attempt to show the nature of the said land as ‘aush’ instead of ‘bhita’ in the proposed sale in order to 2 deprive the writ petitioners from the adequate amount of consideration money. 4. Drawing attention to page no. 31 of the instant writ petition Mr. Saha submits further before this Court that by a letter dated 09.09.2024 the writ petitioners have approached the respondent no. 5/authority with a request for changing the classification of the land from ‘aush’ to ‘bhita’ in the proposed sale deed, however, the respondent no. 5 did nothing as yet. 5. Mr. De, learned AGP appearing on behalf of the respondents/State, however, in his usual fairness submits before this Court that the respondent no. 5/authority may be directed to consider the representation of the writ petitioners in accordance with law. 6. On careful consideration 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. 5/authority to consider the representation dated 09.09.2024 as submitted by the writ petitioners before him and after giving a chance of hearing to the writ petitioners and/or their authorized representatives shall pass a reasoned order and to communicate the same both to the respondent no. 3/authority as well as to the writ petitioners forthwith. 7. It is further made clear that the respondent no. 5/authority prior to passing the reasoned order shall give due opportunity to the writ petitioners to produce 3 relevant documents in support of their claim for change of classification of land from ‘aush’ to ‘bhita’. 8. The entire exercise as indicated in the foregoing paragraph is to be completed by the respondent no. 5/authority within 45 working days from the date of communication of the server copy of this order. 9. Liberty is given to the learned Advocate-on-Record for the writ petitioners to communicate the server copy of this order to the respondent no. 5/authority. 10. The respondent no. 5/authority is hereby directed to act on the basis of the server copy of this order. 11. With the aforementioned observation, the instant writ petition being WPA 24826 of 2024 is disposed of. 12. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Partha Sarathi Sen, J.)