Jayanta Kumar Biswas, J. - (1.) The petitioner in this writ petition dated January 9, 2008 is seeking a mandamus commanding the respondents to pay her compensation determined by the Collector, Purba Medinipur for acquisition of the lands, particulars whereof have been given in the petition, under provisions of the West Bengal Industrial Infrastructure Development Corporation Act, 1974, and not to pay any part thereof to any other person.
(2.) Proceedings for acquisition of the lands were initiated by the Collector, Purba Medinipur under provisions of the West Bengal Industrial Infrastructure Development Corporation Act, 1974. According to provisions of section 28 of the Act the Collector determined the compensation and then issued notice dated September 7, 2007, Annexure-P-2 at p. 19, offering the petitioner the amounts mentioned therein. When the petitioner attended the Collector's office for receiving the compensation, she was paid only a small part of the determined amount on the ground that she was not entitled to the balance, because the property was a debutter. Feeling aggrieved she took out this writ petition.
(3.) In para 6 of the opposition dated September 10, 2009 the Collector has stated the following cases : "6. Save and except what appears from the admitted records I deny each and every allegation made in paragraphs No. 8 and 9 of the writ petition as if the same are set out and traversed ad-seriatim. I say in this connection that the petitioners names were noted over plot No. 135 a.id notices were issued accordingly. But during payments all others sebayets including her brother Sri Arindam Pal raised objection as regards payment against plot No. 135. The matter was considered and payment was made to sebayet Sri Arindam Pal as per condition laid down in registered deed No. 1160 dated 2.7.1931.";