Dhananjay Sardar v. State Of West Bengal & ORS

sl.

27.11.2020 jb.

W.P.A. 3502 of 2020 (Dhananjay Sardar vs. State of West Bengal & Ors.) Nobody tried to join in on behalf of the petitioner or the respondents. However, this being a public interest litigation we have considered the material on record.

The allegation of the petitioner is that the private respondents are operating an illegal brickfield. A representation has been made by the petitioner addressed to various officers in the administration including the District Magistrate, South 24 Parganas being the 8th respondent herein. It is the grievance of the petitioner that no action has been taken on the basis of the said representation.

Having considered the papers available, we direct the 8th respondent to take a reasoned decision on the representation of the petitioner dated 5th February, 2020 (Annexure P-1 to the writ petition) in accordance with law after affording an opportunity of hearing to the petitioner, the private respondents and any other concerned party. Needless to say that if the 8th respondent finds merit in the allegation of the petitioner, necessary steps shall be taken by him/her

to remedy the situation. Let this exercise be completed within a period of two months from the date of receipt of a copy of this order along with a copy of the writ petition by the 8th respondent from the petitioner.

We have not gone into the merits of the case. The 8th respondent shall take an informed decision in accordance with law.

Since we have not called for affidavits, the allegations in the writ petition shall be deemed not to be admitted by the respondents.

The writ petition being WPA 3502 of 2020 is disposed of.

There shall be no order as to costs.

Photostat certified copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Thottathil B. Radhakrishnan, C.J.) (Arijit Banerjee, J.)