SUSHMITA GUIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These writ petitions have been filed praying for issuance of a writ of mandamus to command the respondents to acquire the plot of land and to pay compensation to the writ petitioners. A direction for payment of damages/ occupation charges from the date of possession till the date of acquisition was also prayed for.

(2.) Since common questions of law and fact are involved, both the writ petitions were heard analogously and are disposed of by this common order.

(3.) One Dwarika Prasad Jeswara was the recorded raiyat of R.S.Plot no. 2642/2829 within Kasba mouja measuring about 22 decimals. The said Dwarika Prasad during his life time transferred 12 cottahs out of his 22 decimals of land in Plot no. 2642/2829 by a registered deed being Deed No. 907 for the year 1974 in favour of one Sadhan Sarkar. Upon the death of Sadhan Sarkar, his share in the aforesaid plot devolved upon his heiress who is the writ petitioner in WPA 13179 of 2021. After transfer of land in favour of Sadhan Sarkar, Dwarika Prasad was left with the balance land measuring about 1.30 cottahs in R.S. Dag no. 2642/2829. Upon the death of Dwarika Prasad, his share in the aforesaid plot devolved upon his heirs and heiresses who are the petitioners in WPA 11125 of 2019.