Binoy Krishna Adak And Others v. State Of West Bengal And ORS.

21.02.2022 Ct. No.10 b.das W.P.A. 2190 of 2022 (Via Video Conference) Binoy Krishna Adak & Ors.

Vs.

State of W. B. & Ors.

Mr. Bharat Chandra Simai ...for the petitioners.

Mr. Chandi Charan De Mr. H. Maity ...for the State.

Affidavit of service filed on behalf of the petitioners is kept with the record.

Private respondent is not represented despite service. Heard learned counsels for the parties.

The grievance of the petitioners is that the private respondent has raised unauthorized construction by encroaching upon the PWD land, thereby obstructing the egress and ingress of the petitioners.

The petitioners submitted a representation in this regard before the concerned authority on 20th October, 2021, which is yet to be disposed of. The petitioners pray for a direction upon the authority to consider the representation at the earliest.

Upon consideration of the submissions made on behalf of the parties and material on record, the writ petition is disposed of directing the 4th respondent to consider and dispose of the representation submitted by the petitioner dated 20th October, 2021 within a period of three months from the date of communication of this order, after affording reasonable opportunity of hearing to all the interested parties including the petitioners and the private respondent, in accordance with law.

With the above observations and directions this writ petition being WPA 2190 of 2022 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.)