Aswini Garain And ANR. v. State Of West Bengal And ORS.

WPA 6092 of 2024 Aswini Garain & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Srijan Nayak, Ms. Rituparna Maitra, Mr. Arpan Kundu ...for the Petitioners Mr. Somnath Roy ...for Respondent Nos. 2 to 4.

Ms. Bratati Roy Chowdhury, Mr. Abhishek Chakraborty ...for the State 16-07-2024 AKG Ct. 15 Despite service, respondent nos. 5 & 6 are not represented.

Let the affidavit of service filed by the petitioners be kept with the records.

The petitioners and respondent nos. 5 & 6 are neighbours.

It is the grievance of the petitioners that without maintaining the statutory gap, respondent nos. 5 & 6 have constructed a grocery shop violating the easement right of the petitioners. The petitioners seek an order of demolition. It is the further grievance of the petitioners that though they made a representation dated January 1, 2024, to the Bhadreswar Municipality regarding the alleged illegal construction, no steps have been taken by the Municipality.

In view of the aforesaid facts, I dispose of this writ petition with a direction upon the Municipality to consider the representation appearing at page 23 of the writ petition

in accordance with law within a period of two months from the date of communication of this order. Before taking any decision, the Municipality shall hear the petitioners as well as respondent nos. 5 & 6.

WPA 6092 of 2024 is disposed of.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)