Shyamapada Sen v. State Of West Bengal And ORS.

20.02.2023 rc/ct.no.10 Item No.86 WPA No. 6685 of 2021 Mr. Saibal Acaharya Mr. Sanjoy Ghosh ...for the Petitioner None appears for the respondents.

Heard learned counsel appearing for the petitioner. The petitioner claims to be the recorded owner of the plot in question and complains that a portion of the said plot was encroached upon under instruction of the Block Development Officer, Jhalda-I for construction of office of the Block Development Medical Office without acquiring the same by due process of law. The petitioner submitted a representation in this regard before the concerned authority on 5th March, 2020 which is yet to be considered. The petitioner prays for direction upon the authority to consider the representation at the earliest.

Upon consideration of the submission made by the learned counsel appearing on behalf of the petitioner the writ petition is disposed of directing the 5th respondent to consider and dispose of the representation submitted by the petitioner on March 05, 2020 within a period of six weeks from the date of communication of this order, after giving reasonable opportunity of hearing to all the affected persons including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereafter. Since the respondents are not represented today, a copy of this order along with copy of the representation be furnished to the 5th respondent by the petitioner at the earliest.

With the above observations and directions the writ petition is disposed of.

There shall be, however, no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)