Debashis Ranjan Das v. State Of West Bengal & ORS

22.01.2021.

d.p.

W.P.A 4582 of 2020 (Via Video Conference) Debashis Ranjan Das -versus The State of West Bengal & Ors.

Mr. Prantick Ghosh.

...For the Petitioner.

Ms. Lipika Chatterjee, Mr. Md. Abu Reja Jaglul Kabir.

...For the State.

The petitioner alleges illegal and unauthorized construction being carried on at Premises No. 27/2, Panchanantala Road, Ward No. 22, Holding No. 1701 within Kamarhati Municipality, Belgharia, Kolkata700056. The petitioner complains that the objection raised against such illegal construction has not been considered by the respondent authorities till date. None appears on behalf of the Municipality in spite of service.

As it appears that the representation of the petitioner objecting to the illegal and unauthorized construction is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no.4 being the Kamarhati Municipality to consider and dispose of the

representation made by the petitioner, strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties including the petitioner within a period of eight weeks from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties including the petitioner immediately thereafter. It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated 27th February, 2020 to the aforesaid respondent at the time of communicating the order of the Court.

W.P.A. 4582 of 2020 is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)