Gulneher Bibi v. State Of West Bengal And ORS.

10.04.2024 rc/ct.no.10 Item No.766 WPA No. 1646 of 2024 Gulneher Bibi

Versus

State of West Bengal & Ors.

Mr. Balaram Pandit Mr. Krishna Deo Das ...for the petitioner Mr. Priyobrata Batabyal ...for the State Mr. Raju Bhattacharjee ..for the respondents no. 5, 6 & 7 Affidavit of service filed in Court today is taken on record.

The petitioner claims to be recorded owner of the plot in question and submits that the private respondents have raised unauthorised construction by encroaching upon a portion of the PWD land adjoining her plot, thereby obstructing her ingress and egress. The petitioner submitted a representation on January 15, 2024 in this regard before the concerned authority which is yet to be considered. The petitioner prays for a direction upon the concerned authority to consider the said application at the earliest.

It is submitted on behalf of the State-respondents that the 3rd respondent be directed to consider the representation 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 by the petitioner on January 15, 2024 within a period of three months from the date of communication of this order, upon affording reasonable opportunity of hearing to all the affected persons including the petitioner and the private respondents, in accordance with law.

With the above observations and directions this writ petition is disposed of.

There shall however 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 furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)