Samir Chakraborty v. State Of West Bengal And ORS.

D/L.02.

August 26, 2025.

KAUSHIK WPA No. 1982 of 2025 Samir Chakraborty Vs.

The State of West Bengal and Others Mr. Souradipta Banerjee Ms. Fatima Hassan ... for the petitioners.

Mr. Debanjan Chatterjee ... for the private respondent.

Mr. Malay Krishna De Mr. Rabindranath Chakraborty ... for the State.

Affidavit of Service filed in Court be kept with the records.

The grievance of the petitioner is directed against illegal construction and obstruction at the entrance as well as the boundary of the subject premises situated at Purba Burdwan full particulars whereof are mentioned in paragraph 2 of the writ petition.

It is submitted on behalf of the petitioner that there has been illegal construction and unauthorized occupation of his premises by the private respondent nos. 8 and 9.

On behalf of the State, it is submitted that they have no objection if the representation dated 25th June, 2024 addressed to the District Magistrate, Purba Burdwan is directed to be disposed of expeditiously.

The private respondents are represented and submit that they have been residing at the concerned premises for the last 20 years.

In view of the above, WPA 1982 of 2025 is disposed of by directing the respondent no. 2 to consider and dispose of the representation of the petitioner dated 25th June, 2024 within a period of six weeks from the date of communication of this order to the said respondent and after giving a right of hearing to all the affected parties including the petitioner, in accordance with law and without being influenced by any observation made in this order.

It is made clear that there has been no adjudication on the merits of the case and all questions are left open to be decided by the respondent no. 2 strictly in accordance with law. Since no affidavits have been called for, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities. (Ravi Krishan Kapur, J.)