PRITHA DASGUPTA Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The challenge in the petition is to an order dated Aug. 14, 2015 by which the petitioner's request for permission to commence construction on a Salt Lake land allotted in 1990 to the predecessor -in -interest of the petitioner was declined by the Land Manager. Such order of Aug. 14, 2015 was passed following a previous order of this court of July 1, 2015 on WP 17033 (W) of 2010 by which the Land Manager was directed to reconsider the matter of resumption of possession of the plot after affording the petitioner an opportunity of hearing.

(2.) When this petition was received on Oct. 14, 2015, the salient facts were noticed and the petitioner was given leave to apply before the Land Manager, Bidhannagar for extension of the time to complete the construction on the land as the sole heir of the original allottee of the land. The petitioner was granted a fortnight's time from the date of the order to make the representation and the Land Manager was requested to consider the same after affording a hearing to the petitioner, if deemed necessary. A reasoned decision of the Land Manager was required to be communicated to the petitioner within five weeks of the receipt of the petitioner's application before the Land Manager. The order dated Oct. 14, 2015 kept the impugned order of Aug. 14, 2015 in abeyance.

(3.) Pursuant to such previous order on the present petition, an application was filed by the petitioner before the concerned Land Manager and the Land Manager has now rejected the same by a reasoned decision of Jan. 5, 2016. The petitioner has been permitted to bring such subsequent event on record by filing a supplementary affidavit. The challenge to the order of Jan. 5, 2016 is permitted to be canvassed to avoid multiplicity of proceedings and the scope of the petition is enlarged to such extent.