Malay Dutta vs State of West Bengal and others

Sabyasachi Bhattacharyya, J

An adjournment is sought by the petitioners.

Learned counsel appearing for the State in all the matters submit before the Court that although there was a direction for filing affidavit-in-opposition, no such affidavit-in-opposition has been prepared in the backdrop of the facts. It is submitted that the limited conspectus of the writ petitions is that the writ petitioners applied for mutation but the same was refused on the ground that the plots-in-question have vested in the State. After extensive search, the instructing officers of the State have informed learned counsel for the State that the relevant particulars regarding the vesting procedure have now been traced out. As such, the State is ready to furnish the necessary certified copies regarding the vesting proceeding and the vesting order to the petitioner in each of the matters.

In such view of the matter, since the State has come up with the particulars of the vesting, we dispose of WPLRT 163 of 2025, WPLRT 164 of 2025 and WPLRT 165 of 2025 with a direction on the State-respondents to furnish certified copies of the vesting orders as well as all necessary papers in connection with such vesting, if applied for by the petitioner in each of the matters, within a reasonable period, preferably within a month from such application being made.

Liberty is given to the petitioner in each of the matters to challenge such vesting procedure, if otherwise entitled in law to do so, before the appropriate forum. Upon such challenge being filed, if at all, the said forum shall decide the same in accordance with law upon giving opportunity of hearing to all concerned.

There will be no order as to costs.

It is hereby recorded that the authenticated copies of the relevant papers are handed over by learned counsel for the State here and now to the learned Advocate for the petitioner in each of the matters.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.