Without compliance with statutory notice publication and compensation disbursement requirements under the West Bengal Land (Requisition and Acquisition) Act, land acquisition is invalid, and state authorities have no rights to disturb the peaceful possession of the rightful owners.

JUDGMENT :

Partha Sarathi Sen, J.

1. At the very outset, Mr. Mukherjee, learned advocate appearing on behalf of the writ petitioners in WPA 5750 of 2025, WPA 5752 of 2025, WPA 5765 of 2025 and WPA 5821 of 2025 requests this Court to take up the hearing of WPA 5765 of 2025 first.

2. It is further submitted that WPA 5750 of 2025, WPA 5752 of 2025 and WPA 5821 of 2025 be tagged together with WPA 5765 of 2025 since identical questions of facts and laws are involved in those writ petitions. Accordingly, WPA 5750 of 2025, WPA 5752 of 2025, WPA5821 of 2025 are tagged with WPA 5765 of 2025.

3. At this juncture, learned advocate appearing on behalf of the private respondent in all the writ petitions prayed for expunging the name of the private respondent since the presence of the private respondent is not necessary for effective adjudication of the lis.

4. On careful consideration of the entire materials, this Court finds sufficient merit in the submission of Mr. Chatterjee, learned advocate appearing on behalf of the private respondent.

5. Accordingly, the department is directed to delete the names of the private respondent from the cause title of WPA 5750 of 2025, WPA 5752 of 2025, WPA 5765 of 2025 and WPA 5821 of 2025 forthwith.

6. The reports in the form of affidavit as filed on behalf of the respondent/State and its instrumentalities in connection with WPA 5750 of 2025, WPA 5752 of 2025, WPA 5765 of 2025 and WPA 5821 of 2025 are taken on record.

7. By filing the instant writ petition being WPA 5765 of 2025, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondent authorities commanding them from not giving effect to the alleged handing over of the land particulars of which has been mentioned in Schedule of the instant writ petition in terms of L.A.Case No.81(Act-II) of 1962-63.

8. At the time of hearing, Mr. Mukherjee, learned advocate appearing on behalf of the writ petitioner at the very outset draws attention of this court to paragraph no.3 vis-à-vis Schedule A of the instant writ petition. It is submitted by Mr. Mukherjee that it is the specific case of the writ petitioner that the writ petitioner got the schedule mentioned property situated in R.S. Dag No.304 and 305 corresponding to L.R. Plot No.333 and 334 in Mouza Rautara under P.S. Joypur, District Howrah by a registered deed of gift as executed in the year 2022 by his husband Bulganin Samanta (donor) in favour of the writ petitioner (donee).

9. It is further submitted by Mr. Mukherjee that it is the specific case of the writ petitioner that the aforementioned land was requisitioned under Section 3 of Act II of 1948, which would be evident from page 4 of the report as filed on behalf of the respondent State.

10. It is further submitted by Mr. Mukherjee that it is also the specific case of the writ petitioner that despite publication of notice under Section 3 of Act II of 1948, no notice under Section 4(1a) was published by the respondent au