Calcutta High Court
WPA/7/2026 of KUKILA ROY AND ORS Vs THE STATE OF WEST BENGAL AND ORS on 13 August 2026
A. Roy,J.
Form J(2)
Sl. No. 37
AB
High Court at Calcutta
In the Circuit Bench at Jalpaiguri
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon’ble Justice Aniruddha Roy
W.P.A. 7 of 2026
Smt. Kukila Roy & Ors.
Vs.
The State of West Bengal & Ors.
For the petitioner
:
Mr. Hirak Barman
Mr. Chandan Roy
Mr. Abdul Habib
For the State
:
Ms. Supriya Singh
Ms. Esha Acharya
Heard on
:
August 13, 2026
Judgment on :
:
August 13, 2026
[ IN COURT ]
Aniruddha Roy,J.
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1. The petitioners claim though their land has been acquired but compensation has not been paid. Petitioners through their learned advocate had made a representation dated November 12, 2025, annexure P-5 at page 30 to the writ petition and the same has not been disposed of.
2. In view of the above, following directions are made:
A. Roy,J.
(a) Petitioners shall serve a copy of the writ petition along with a copy of today’s order upon the respondent nos. 5 and 6 forthwith;
(b) After receiving the order the respondent no. 6 upon issuing a prior hearing notice of at least seven days to the petitioners and/or other interested parties, if any, on the land in question and respondent no. 5 shall decide the representation dated November12, 2025 by passing a reasoned order in accordance with law in the light of the existing relevant land records.
(c) The entire exercise shall be carried out and completed by the respondent no. 6 positively within a period of six weeks from the date of communication of this order; (d) Reasoned order shall be communicated to the petitioners positively within a period of two weeks from the date of the said reasoned order to be passed.
(e) In the event, the claim of the petitioners is proved to be genuine, the compensation shall be calculated strictly in accordance with law by the respondent no. 6 and the reasoned order shall be furnished before the respondent no. 8 and then the necessary payment shall be made to the petitioners strictly in accordance with law. The payment shall be made by crediting the bank account of the petitioners and/or other
A. Roy,J.
interested parties through electronic mode positively within a period of four months from the date of the said reasoned order to be passed.
3. It is made clear that, this Court has not gone into the merits of the rival contentions of the parties and all points are kept open for the parties to be urged before the respondent no. 6.
4. It is made clear that, this order shall not create any right or equity in favour of the petitioners and/or interested parties, if any, in the event they found not to be eligible to receive compensation strictly in accordance with law.
5. It is made clear that, if from the existing records it appears that the necessary payment has already been made to the land losers in respect of the land in question, then the same shall also be informed to the petitioners and /or other interested parties in writing with supportive documents and in that event the appropriate State authority shall initiate appropriate criminal proceedings against these petitioners before the jurisdictional criminal Court for making false and fraudulent claim.
6. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
7. With the above observations and directions this writ petition being WPA 7 of 2026 stands disposed of, without any order as to costs.
A. Roy,J.
8. Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)