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Calcutta High CourtWPA/217/2022disposed

Enamul Ali Khan v. State Of West Bengal And ORS.

2022-03-09Hon'Ble Justice Shampa Sarkar2 pages

S/L 20 09.03.2022 Court. No. 19 GB W.P.A. 217 of 2022 Enamul Ali Khan VS The State of West Bengal & Ors.

Mr. Syed Mosihar Rahman.

... for the Petitioner.

Mrs. Jhuma Chakraborty, Mr. Aritra Ghosh.

... for the State.

Affidavit-of-service filed in Court today be kept with the record.

The writ petition has been filed for directions upon the respondents to remove the water pipeline which had been constructed over the land of the petitioner by the INO Dihimandal Ghat, Gram Panchayat and for removal of a tree which had fallen on a portion of the dwelling house of the petitioner, during the super cyclone.

Mrs. Chakraborty, learned advocate appearing on behalf of the State respondents has submitted a report prepared by the Block Development Officer, Shyampur-II Development Block. It appears from the said report that the water pipeline had been removed by the concerned gram panchayat and the petitioner has not been facing any difficulty in accessing the approach road to his dwelling house. It further appears that the uprooted tree, which had fallen on a portion of the roof of the petitioner, has been directed to be removed and it is submitted that the panchayat

authorities shall remove the same on an urgent basis. The said report is taken on record.

As the situation is serious and the dwelling house of the petitioner is in a precarious condition in view of the uprooted tree which has fallen on a portion of the tile shed roof, the respondents are directed to ensure that the said tree is removed within a period of two weeks from date of communication of this order. The Block Development Officer will supervise the process.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the learned advocates' communication.

(Shampa Sarkar, J.)