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Calcutta High CourtWPA(P)/59/2022disposed

Bablu Malpaharia v. State Of West Bengal And ORS.

2022-12-13Hon'Ble Chief Justice Prakash Shrivastava,Hon'Ble Justice Rajarshi Bharadwaj2 pages

December 13, 2022 Sl. No.37 Court No.1 s.biswas WPA (P) 59 of 2022 Bablu Malpaharia vs.

The State of West Bengal and others Mr. Amitesh Banerjee, Senior Standing Counsel Ms. Ipsita Banerjee, Advocate ... for the State Since no one is present on behalf of the petitioner, therefore we have examined the entire record.

In this public interest petition the prayer of the petitioner is to issue a direction to the respondents to construct a permanent bridge with proper usable road connecting the entrance of the Putinbari Tea Garden to the highway, Khaprail Bazar.

The report in the form of affidavit on behalf of the respondent No.5 has been filed. The documents enclosed therewith indicate that the Block Development Officer, Matigara Development Block had sent a communication to the Additional Executive Officer, Siliguri Mahakuma Parishad on 10.03.2022 mentioning that there was a hanging bridge over Rakti river adjoining Putinbari Tea Garden which was washed away due to heavy flood in the year 2020, thereafter local residents are facing problem and they are required to take a long route to cross the river.

The communication dated 16.03.2022 sent by the Executive Engineer, Siliguri

WPA (P) 59 of 2022 W/S Division, PHE Dte. to the District Magistrate, Darjeeling in this regard along with the report is also on record. Hence, it is clear that the matter is now pending before the respondent No.3 (The District Magistrate, Darjeeling).

Hence, we are of the opinion that the needful is required to be done by the respondent No.3. Thus we dispose of the present petition by directing the respondent No.3 to take appropriate expeditious action on the communication dated 16.03.2022. We expect that necessary decision will be taken by the respondent No.3 in this regard within a period of 2 months from the date of receipt of the copy of this order.

Learned counsel for the State is directed to communicate this order to the respondent No.3 forthwith.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)