Raka Barman Nee Chatterjee v. State Of West Bengal And ORS.

04.01.2024 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 2570 of 2023 (Specially Assigned) Raka Barman nee Chatterjee -VsThe State of West Bengal & Ors.

Mr. Rajdeep Bhattacharya Mr. Debapratim Guha Ms. Anchita Sarkar ... for the petitioner Mr. Soumitra Bandyopadhyay Mr. Aniruddha Sen ... for the State Mr. Avishek Guha Ms. Akansha Chopra ... for the respondent no.9 Affidavit of service filed on behalf of the petitioner is taken on record.

This writ petition has been filed by the petitioner under Article 226 of the Constitution of India praying for consideration of the representation of the petitioner dated 12th December, by respondent no.7, Block Development Officer, Barasat-I Block, Chhota Jagulia. Mr. Rajdeep Bhattacharya, learned Advocate for the petitioner submits that the petitioner made a representation before the concerned authority on 12th December, 2022 alleging inter alia, of filling up of water bodies by private respondent no.9. Though the Senior

Scientist & In-charge, Public Grievance Cell, West Bengal Pollution Control Board requested the respondent no.7 being the Block Development Officer, Barasat-I Block to examine the contents of the representation made by the petitioner, yet, till date the representation of the petitioner has not been disposed of. Hence, this writ petition. Mr. Aniruddha Sen, learned Advocate for the Staterespondent submits that a direction be passed for considering the representation of the petitioner after giving opportunity of hearing to all the concerned parties. Ms. Akansha Chopra, learned Advocate for the respondent no.9 also seeks that opportunity of hearing be given to her client. She denies all the allegations made in the writ petition.

Having heard the learned Advocates for the respective parties, the respondent no.7 being the Block Development Officer, Barasat-I Block, Chhota Jagulia, 24 Parganas (N) is directed to dispose of the representation of the petitioner dated 12th December, 2022 within a period of one month from the date of communication of this order after giving opportunity of hearing to all the concerned parties including the petitioner by passing a reasoned order.

The result of the disposal of the representation shall be communicated to the petitioner within a week thereof.

Petitioner is directed to communicate this order to the respondent no.7.

Since no affidavit-in-opposition has been directed to be filed, the allegations made in the writ petition are deemed to be not admitted.

It is made clear that this Court has not gone into the merits of the writ petition.

With the above observations, this writ petition being W.P.A.2570 of 2023 stands disposed of.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

Interim order, if any, stands vacated.

There shall be no order as to costs.

All parties are to act on the basis of website copy of this order.

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

( Bivas Pattanayak, J.)