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Calcutta High Court · body

2025 DAILYLAW 6407 (CAL)

SARBANI CHOWDHURY v. STATE OF WEST BENGAL AND ORS.

WPA/1264/2024 · 2025-09-19

Partha Sarathi Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

N.22Sl 151/CL 19.09.2025 SL-24 Ct.19 (S.R.) WPA 1264 of 2024 Sarbani Chowdhury -vs- The State of West Bengal & Ors. Mr. Rajendra Banerjee Mr. Souvik Ganguly … for the petitioner. Mr. Chandi Charan De. Ld. AGP Mr. Anirban Sarkar Ms. Reshma Chatterjee … for the State. 1. At the time of hearing, Mr. Banerjee, learned advocate at the very outset draws attention of this Court to page no.17 of the instant writ petition, being a copy of the letter dated 08.01.2024 as written by the writ petitioner requesting the respondent no.3/authority to consider the prayer of the writ petitioner for long term lease in Plot Nos.14 and 17, Mouza – Amba, Police Station - Mallarpur, District – Birbhum. It is submitted by Mr. Banerjee that since such representation was not considered by the respondent no.3/authority, appropriate direction may be passed commanding the respondent no.3/authority to consider the representation dated 08.01.2024, in accordance with law. 2. Such prayer is vehemently opposed by Mr. De, learned Additional Government Pleader appearing on behalf of the respondent/State. It is submitted by Mr. De that no such relief can be granted, as prayed for, in view of the provisions of Section 6 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 read with Section 2(r) of the said Act. It is further submitted by Mr. Del that long term lease cannot be granted in the fashion, as prayed for by the writ petitioner, since as per the policy the same is done in open auction. 3. On careful consideration of the entire materials as placed before this Court, this Court considers that justice would be sub-served, if the respondent no.3/authority is directed to consider the representation dated 08.01.2024, in accordance with law, after giving an opportunity of hearing to the writ petitioner. 4. In view of such, this Court while disposing the instant writ petition directs the respondent no.3/authority to consider the representation dated 08.01.2024, in accordance with law and after giving an opportunity of hearing either to the writ petitioner and/or his authorized representatives, shall pass a reasoned order and shall forthwith communicate the same to the writ petitioner preferably by mail, if the emails details of the writ petitioner is provided to him at the time of hearing. 5. Liberty is given to the learned advocate-on-record for the writ petitioner to communicate the server 2 copy of this order to the respondent no.3/authority. 6. The respondent no.3/authority is hereby directed to act on the basis of the server copy of this order. 7. The time limit, as fixed by this Court, is mandatory and peremptory. 8. With the aforementioned observations, WPA 1264 of 2024 is disposed of. 9. There shall, however, no order as to costs. 10. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Partha Sarathi Sen, J.) 3