IN THE HIGH COURT AT CALCUTTA (CIVIL APPELLATE JURISDICTION)

APPELLATE SIDE Present:

The Hon’ble Justice Sabyasachi Bhattacharyya And The Hon’ble Justice Supratim Bhattacharya FMA No. 656 of 2023 with CAN 5 of 2024 Sri Milan Kumar Bhuti and others.

Versus State of West Bengal and others.

For the appellants : Mr. Amit Kumar Pan Mr. Tulsi Das Roy Mr. Tirthankar Roy For the State : Mr. Soumitra Bandopadhyay Mr. Subhasis Bandopadhyay Heard On : 18.12.2025 & 08.01.2026 Reserved On : 08.01.2026 Judgment On : 15.01.2026 Supratim Bhattacharya, J.:

1. The present appeal arises out of the dismissal of a writ petition filed by the appellants challenging the judgment and order dated 25.07.2022 passed in the writ petition being WPA 18523 of 2019.

2. According to the appellants/petitioners there might have been notice of requisition issued for acquisition of land measuring 2.57 acres of land in the District of Malda, P.S. Gazole, Mouja Rangavita, JL No. 84, RS Khatian No. 77, LR Khatian No. 30, CS and RS Dag No. 16, LR. Dag No. 36 but ultimately the said land has not been acquired and no award has been granted to their mother who was then the owner of the said land.

As such there has not been any vesting of the said land.

3. On the contrary, according to the respondent/State the said land in question has vested in favour of the State and award has been paid and has been received by the then owner of the land namely Kanaklata Dasi.

4. The initiation of the present lis has taken place on the issuance of a letter dated 31.10.2018 issued by the Additional District Magistrate (LR) & District Land & Land Reforms Officer, Malda addressed to the Block Land & Land Reforms Officer Gazole, Malda directing to record the name of the Irrigation and Waterways Department, Government of West Bengal.

5. The learned counsel representing the appellants during his exhaustive submission has stated the following:

i) No notice under Section 3 (1) of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter to be referred to as the 1948 Act) was ever served and possession was not taken over.

ii) He has further submitted that no question of granting award arises. He has also submitted that a proceeding under Section 7 of the 1948 Act has lapsed since 31.03.1997 because of non-

granting an award of compensation by the Collector.

iii) He has further submitted that in the Record of Rights their mother’s name appeared till recently.

iv) The learned counsel has stressed upon the point that the authorities tried to evict the petitioners as a consequence of which the writ petition was filed.

v) He has also submitted that acquisition of land under Section 4 (1a) of the 1948 Act has not been complied and there has not been any publication of notice in the official gazette stating that the land in question is required for public purpose.

vi) The learned counsel has further submitted that on behalf of the State, there has been bare denial of the contents placed forth on behalf of the appellants/petitioners and apart from bare denial there has not been any specific and cogent ground mentioned.

vii) The learned counsel has further submitted that Section 31 of the Land Acquisition Act, 1894 has not been complied. The learned counsel has stressed upon the point that during the month of July, 2019 when the appellants/petitioners searched the record in respect of the said land it appeared that the land has been recorded in the name of Irrigation and Waterways Department as Raiyat and thereafter having found the same, the petitioners approached the concerned department and enquired, wherein it was revealed that the Additional District Magistrate (LR) & District Land & Land Reforms Officer (Malda) had sent a letter to the Block Land & Land Reforms Officer, Gazole (Malda) dated 31.10.2018 directing to record the said land in the name of the Irrigation and Waterways Department, Government of West Bengal, since the said land was acquired in connection with L.A. Case No. 28/1976-77 and ha