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Calcutta High CourtWPA/6401/2021disposed

Common Villagers Of Chatina Village And Chatina Durga Puja Committe And ORS v. State Of West Bengal And ORS.

2021-04-27Hon'Ble Justice Biswajit Basu2 pages

SK Ct. No. 18 27.04.2021 W.P.A. No. 6401 of 2021 (Via Video Conference) Common Villagers of Chatina Village and Chatina Durga Puja Committee, Nadia; represented by Bidhan Chandra Biswas & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Sarbananda Sanyal ... For the petitioners. Mr. Soumitra Bandopadhyay ... For the State respondents.

The petitioners are the common villagers of Chatina village under Police Station Tehatta, District Nadia and are also members of Chatina Durgapuja Committee.

Several writ petitions were moved by one Goutam Mondal alleging encroachment on the State Highway in the area.

Directions were passed in those writ petitions for removal of the said encroachment.

The petitioners claim that the Durga Mandir of the village although is lying beyond the State Highway, but apprehending demolition of the said Durga Mandir in execution of the directions passed in the aforementioned writ petitions, the petitioners by a representation through their learned advocate requested different authorities including the Assistant Engineer, Plassey Sub-Division, District Nadia, the respondent no. 5 herein, who is implementing the said directions for demarcation and identification of the land over which the said Durga Mandir is situated.

The petitioners are praying a direction upon the respondent no. 5 for consideration of their said representation.

W.P.A. 6401 of 2021 is disposed of by directing the respondent no. 5 to consider the representation of the petitioners, which is appearing at page 20 of the writ petition being Annexure 'P-5', in accordance with law after giving the petitioners and other necessary parties an opportunity of being heard.

The petitioners are required to serve a complete copy of this writ petition along with the copy of this order to the said respondent no. 5 within a period of two weeks from date.

Since no affidavit-in-opposition has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.

There shall be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)