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Calcutta High CourtWPA/3857/2024disposed

Rabindra Mandal And ORS. v. State Of West Bengal And ORS.

2025-01-28Hon'Ble Justice Jay Sengupta2 pages

28.01.2025 Item 13 Ct. 17 tbsr WPA 3857 of 2024 Rabindra Mandal & Ors.

Vs.

State of West Bengal & Ors.

Mr. Salil Kumar Maiti Ms. Pinki Saha ....for the petitioners Mr. Uttam Kr. Bhattacharyya ....for the respondent nos. 4 & 5 Affidavit of service filed on behalf of the petitioners is taken on record.

Despite service, no one appears either on behalf of the State or on behalf of the private respondents, although the petitioners and the Zilla Parishad are represented.

Learned counsel appearing on behalf of the petitioners submits as follows. The private respondents had come up with some illegal constructions on public land near the petitioners' property. This is blocking the access to such property.

Accordingly, the petitioners made a representation on 08.01.2024 before the concerned authorities including the SubDivisional Officer, Halida, to take action in terms of the provisions of the West Bengal Public Land (Eviction of

Unauthorized Occupants) Act, 1962. . But, the same has not been responded to as yet.

Learned counsel appearing on behalf of the Zilla Parishad submits that in the event a representation is pending in this regard, the same ought to be decided in accordance with law.

It appears that a representation of the petitioners dated 08.01.2024 is pending consideration before the respondent authorities.

In view of the above, let the respondent no. 3 consider the petitioners' representation in accordance with law and upon hearing the interested parties as expeditiously as possible, preferably within eight weeks from the date of communication of this order. It is made clear that the merits of the case have not been gone into.

With these observations, the writ petition is disposed of.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance.

(Jay Sengupta, J.)