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2026 DAILYLAW 40581 (CAL)

KARABI KUNDU AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/22787/2026 · 2026-09-16

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

September 16, 2026 (42) ARDR WPA 22787 of 2026 Karabi Kundu & ors. Vs. The State of West Bengal & ors. Adv. Debjit Mukherjee, Adv. Susmita Chatterjee, Adv. Dipanwita Ganguly, Adv. Kaustav Bhattacharya, …for the petitioners. Adv. Tapasi Palit Sinha, …for the State. Report submitted by the State is taken on record. It appears from the report that admittedly no opportunity of hearing was granted to the petitioners before issuance of the notices impugned. The Special Land Acquisition Officer, Hooghly, states that the fair rent has been determined by the said authority pursuant to the request made from the executive office, Arambagh Panchayat Samiti, Arambagh. The location, building condition, building make, viability to be used for commercial purpose and approved rate prevailing in Hooghly district were considered in dealing with the issue. Surprisingly, the agreements entered into by and between the parties were not considered. In view of the above, this Court is inclined to hold that three notices issued upon the petitioners on 8th June, 2026 and 23rd June, 2026 respectively are bad in law and are required to be set aside. Accordingly, the notices impugned are quashed/set aside. 2 The Executive Officer, Arambagh Panchayat Samiti and Block Development Officer, Arambagh Development Block, being the 6th respondent herein, is directed to revisit the issue upon granting reasonable opportunity of hearing to all concerned including the petitioners and in the light of the observation made in this order including the agreements entered into by and between the parties. The said authority shall arrive at a reasoned decision in this regard within four weeks from the date of communication of this order. The reasoned order shall be communicated to the petitioners within a week thereof. The writ petition is accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the 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.)