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Calcutta High CourtWPA/1349/2023disposed

Sk. Abdul Hai v. State Of West Bengal And ORS.

2023-10-11Hon'Ble Justice Bivas Pattanayak2 pages

11.10.2023 Ct. no.654 Sl. No.12 KB ,, WPA 1349 of 2023 Sk. Abdul Hai Vs.

The State of West Bengal & Others Mr. Salil Kumar Maiti Ms. Pinki Saha Ms. Dolan Samanta ... For the petitioner.

Mr. Abhishek Banerjee ... For the State.

Affidavit of Service filed on behalf of the petitioner is taken on record.

It is found that the notice sent to 8th respondent has been refused.

This writ petition has been filed under Article 226 of the Constitution.

The brief fact of the case is that the petitioner made a representation before the concerned respondent authorities on 12th December, 2022 for removal of unauthorised construction over the P.W.D.

land.

However, such representation has not been disposed of as yet.

Hence this writ petition.

Mr. Salil Kumar Maiti, learned advocate for the petitioner submits that necessary direction be issued upon respondent no.3 for disposing of the representation.

Mr. Abhishek Banerjee, learned advocate for State also submits that necessary direction be given to respondent no.3 for considering the representation. It is found that the petitioner made representation before the concerned authority for removal of unauthorised construction on P.W.D. land on 12th December, 2022. The said representation has not been disposed of.

Accordingly, the respondent no.3, Assistant Engineer, Tamluk Highway Sub-Division Public Works (Roads) Directorate, is directed to dispose of the representation made by the petitioner dated 12th December, 2022 within a period of two months from the date of communication of this order after giving opportunity of hearing to all interested parties by way of a reasoned order and communicate the result of the disposal to the petitioner within a week thereof. With the aforesaid observation, the writ petition being 1349 of 2023 stands disposed of.

Interim order of any, stands disposed of.

All connected applications, if any, also stand disposed of.

Urgent photostat certified copy of this order, if applied for, be handed over to the parties on compliance of necessary legal formalities.

(Bivas Pattanayak, J.)