Netai Das @ Ruidas v. State Of West Bengal & ORS

21.01.2021.

d.p.

W.P.A 61 of 2020 (Via Video Conference) Netai Das @ Ruidas -versus The State of West Bengal & Ors.

Mr. Mahammad Mahmeed, Mr. Pinaki Das, Mr. Biswajit Bhattacharjee.

...For the Petitioner.

Ms. Lipika Chatterjee, Mr. Md. Abu Reja Jaglul Kabir.

...For the State.

The petitioner alleges illegal and unauthorized construction being carried on at Plot No. 224 (LR), R.S. Plot No. 228 and Plot No. 228 (LR) R.S. Plot No. 231 and Plot No. 230 (LR), R.S. Plot No. 233, Mouza Bhabanipur, J.L. No. 57, P.S.-Tarakeswar, DistrictHooghly. The petitioner complains that the objection raised against such illegal construction has not been considered by the respondent authorities till date. None appears on behalf of the private respondents in spite of service.

The learned advocate appearing for the State respondents submits that the police visited the locale and have taken steps to maintain peace and tranquillity in the locality.

As it appears that the representation of the petitioner objecting to the illegal and unauthorized

construction is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no.6 being the Prodhan, Purba Ramnagar Gram Panchayat to consider and dispose of the representation made by the petitioner, strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties including the petitioner within a period of eight weeks from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties including the petitioner immediately thereafter. It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated 16th December, 2019 to the aforesaid respondent at the time of communicating the order of the Court.

W.P.A. 61 of 2020 is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)