Shahensa Akon v. State Of West Bengal And ORS.

16.01.2023 Court No. 19 Item no.24 CP WPA No. 408 of 2023 Shahensa Akon Vs.

The State of West Bengal & Ors.

Mr. Debjit Mukherjee Ms. Susmita Chatterjee Mr. D. Ganguly Mr. K. Bhattacharya ....for the petitioner.

Mr. Jahar Datta Mr. Bipin Ghosh ...for the State.

Ms. Monjuli Chowdhury Ms. Mekhla Sinha ...for the respondent nos. 3 to 5.

Affidavit of service is taken on record.

This court is not inclined to pass any order as prayed for in view of the fact that the Assistant Engineer, Howrah Zilla Parishad, has already initiated a proceeding and issued notice upon the respondent no. 8 with regard to the construction on R.S. Dag No. 2019 corresponding to L.R. Dag No. 2053 pertaining to L.R. Khatian No. 8409.

The petitioner alleges unauthorized construction by the respondent no. 8.

The writ petition is disposed of with a direction upon the competent authority of the Howrah Zilla Parishad to conclude the proceedings already initiated, in accordance with law after holding an

inspection in presence of the parties and providing an opportunity of hearing to both the parties. After completion of the inspection and hearing, a reasoned order shall be passed and communicated to the parties.

Needless to mention, follow up steps shall be taken in accordance with law.

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 server copy of this order.

(Shampa Sarkar, J.)