Calcutta High Court (Appellete Side)
Bythe Sebait Kamala Kanta Saran Dev ... vs State Of West Bengal & Others on 6 July, 2011
Author: Soumitra Pal
Bench: Soumitra Pal
06.7.2011. W.P. 10618 (W) of 2011
Sri Sri Brindaban Chandra Jew Thakur, represented
bythe Sebait Kamala Kanta Saran Dev Mohanta
Vs
State of West Bengal & Others
Mr. Arijit Dey.
... For Petitioner
Mr. Rajesh Ganguly.
... For State
Let affidavit of service filed in Court today be kept
with the record.
In the writ petition, the petitioner, the sebait of
Sri Sri Brindaban Chandra Jew Thakur which is stated
to be the public deity, has prayed for a direction upon
the Land Acquisition Collector, Burdwan, the
respondent no. 2 to disburse compensation to him
since the land measuring about 5.70 acres being plot no. 2057 under mouza- Khandra, J. L. No. 32 in the district of Burdwan was acquired. Submission has been made that though representation was sent to the said respondent on 30th September, 2010 requesting him to pay compensation in connection with L. A. Case No. 43/AERO/2008-2009, no action has been taken. Aggrieved this writ petition has been filed.
Having heard the learned advocates for the parties and considering the facts and circumstances of the case, the writ petition is disposed of by directing the respondent no. 2 to dispose of the representation sent on 30th September, 2010, being annexure P-2 to the writ petition, by passing a reasoned order to be communicated to the parties within eight weeks from the date of presenting the certified copy of this order after giving an opportunity of hearing.
It is made clear that I have not gone into the merits of the case and all points are left open to be dealt with by the respondent no. 2.
Since the writ petition is disposed of at the stage of admission without calling upon the respondents to file affidavits, allegations made are deemed not to have been admitted by them.
There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the appearing parties on priority basis.
(SOUMITRA PAL, J.)