Samaresh Dutta v. State Of West Bengal And Others

Arijit Banerjee, J.:— The petitioner says that his father and grand father have been in possession of a particular plot of land for years together. He says that he is entitled to have a ‘patta’ issued in his name in respect of occupation of the Government land situated at 1/17, Jatin Das Nagar, Belghoria, Holding No. 312 and 312/1 in C.S. Dag No. 1690 (P), Ward No. 034 under Kamarhaty.

2. I find that the petitioner's father had made a representation dated December 10, 2018 to the Officer-in-charge (Regularization), Refugee Relief and Rehabilitation, State of West Bengal, being the 6 respondent. I also see that the petitioner, through his Advocate has made a representation dated November 18, 2020 to the District Magistrate and also addressed to the Refugee Relief Rehabilitation Commissioner.

3. I direct the Deputy Director (Regularization), RR and R department, Government of West Bengal, to consider and dispose of the representations dated December 10, 2018 (Annexure P-5 to the writ petition) and November 18, 2020 (Annexure P-6 to the writ petition), by a reasoned order, in accordance with law, within a period of twelve weeks from date of receipt of a copy of this order along with a copy of the writ petition, after giving an opportunity of hearing to the petitioner or his authorized representative and any other interested party.

4. The decision so taken shall be communicated to the petitioner within a week from the date of the decision.

5. I have not gone into the merits of the petitioner's claim. It will be open to the respondent no. 6 to take an informed decision, in accordance with law.

6. W.P.A. 3614 of 2021 is accordingly disposed of.

7. Since no affidavit has been called for, none of the allegations in the writ petition shall be deemed to have been admitted by the respondents.

8. There will be no order as to costs.