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Calcutta High CourtWPA/1314/2023disposed

Sabitabrata Das And ANR v. State Of West Bengal And ORS.

2023-06-13Hon'Ble Justice Abhijit Gangopadhyay2 pages

13.06.2023 13.06.2023 Ct. No.10 b.das WPA 1314 of 2023 Sabitabrata Das & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Salil Kr. Maiti Ms. Dolon Samanta ...for the petitioners.

Mr. L. M. Mahata Mr. Supratim Dhar ...for the State.

Affidavit of service filed by the petitioners is taken on record.

None appears for the private respondents despite service.

Heard learned counsels for the parties.

The petitioners claim to be the recorded owners of the plot in question and complain that the private respondents have encroached upon government land adjoining their plot, thereby obstructing their egress and ingress.

The petitioners submitted a representation in this regard before the concerned authority on 22nd November, 2022, which is yet to be considered. The petitioners pray for a direction upon the concerned authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 3rd respondent be directed to consider the

representation submitted by the petitioners, in accordance with law.

In view of the above, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representation submitted on behalf of the petitioners dated 22nd November, 2022 within a period of three months from the date of communication of this order, after granting reasonable opportunity of hearing to all the interested persons including the petitioner and the private respondents, in accordance with law.

With the above observations and directions this writ petition being WPA 1314 of 2023 is disposed of. However, there shall be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)