(1.) Heard Mr. D. Debnath, learned counsel appearing for the petitioner as well as Mr. D. Bhattacharya, learned G.A. assisted by Ms. N. Chakma Saha, learned counsel appearing for the respondent No.1 and Mr. A. De, learned counsel appears for the respondent No.2.
(2.) The grievance of the petitioner is that when the respondent No.1 acquired some land from the Plot No.7781/P under Khatian No.24142 of mouja Badharghat they had encroached more land measuring 0.07 acre without paying any compensation. It is not in dispute that the area of acquired land is 0.175 acre in the Plot No.7781/P under Khatian No.24172 of mouja Badharghat. It is also not in dispute that the petitioner has received the compensation against the said land without raising any objection. In this backdrop, the petitioner by filing this writ petition has urged this court for directing the respondents to acquire the land measuring 0.07 acre by following the process of law and compensate him.
(3.) The respondents have filed separate replies denying the claim of the petitioner. The respondent No.1, the LA Collector has stated in the reply under paragraph-7 as follows: