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Calcutta High CourtWPA/3988/2021disposed

Sukanta Sardar v. State Of West Bengal And ORS.

2021-03-12Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

12th March, (AK) W.P.A. 3988 of 2021 (Via Video Cinference) Sukanta Sardar Vs.

The State of West Bengal & Ors.

Mr. Rajdeep Bhattacharya Mr. Sanjib Sankar Mazumder ...For the Petitioner.

Mr. Susovan Sengupta Mr. Srikanta Paul ...For the State.

Affidavit-of-service filed in court today be kept on record.

The petitioner complains that the petitioner preferred an appeal before the respondent no.2, which is the appellate authority, against an order of demolition passed against the petitioner under The West Bengal Highways Act, 1964.

However, such appeal has been kept pending, thereby subjecting the petitioner to the risk of demolition without his appeal being heard.

It would suffice if the appellate authority is directed to dispose of the appeal expeditiously.

Accordingly, W.P.A. 3988 of 2021 is disposed of by directing respondent no.2 to dispose of the appeal of the petitioner pending before the said authority as

expeditiously as possible, preferably within two months from date.

The petitioner, however, shall be at liberty to seek interim orders before the appellate authority in the meantime, in which case the respondent no.2 shall consider the same with utmost expedition.

Since no affidavits have been called for, it is deemed that the respondents do not admit any of the allegations made in the writ petition.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)