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Calcutta High CourtWPA/6800/2021disposed

Tirthendu Santra v. State Of West Bengal And ORS.

2021-10-01Hon'Ble Justice Suvra Ghosh2 pages

October 1, 2021 ARDR (12) WPA 6800 of 2021 Tirthendu Santra Vs.

The State of West Bengal & Ors.

Mr. Manoranjan Jana, ...for the petitioner.

Mr. Ashis Guha, Mr. Naren Ghosh Dostidar, ...for the State.

Affidavit of service filed by the petitioner be taken on record.

The petitioner and the State authorities are represented. None appears for the private respondent despite service. No accommodation is sought.

The petitioner complains that the private respondent has raised unauthorised construction on PWD land and has obstructed his egress and ingress thereby. The petitioner submitted a representation dated 17th January, 2021 before the State authorities ventilating his grievance but such representation has not been considered as yet.

The petitioner prays for consideration of the said representation dated 17th January, 2021 by the authority.

Considering the submissions made on behalf of the parties and material on record, I dispose of the writ petition with a direction upon the respondent no.2

to consider and dispose of the representation of the petitioner dated 17th January, 2021 after holding an enquiry thereto and affording a reasonable opportunity of hearing to all the affected parties including the petitioner within a period of three months from the date of communication of this order, in accordance with law.

The respondent no.2 should communicate the order passed with regard to the representation to the petitioner within a week from the said order. Accordingly, WPA 6800 of 2021 is disposed of. However, there shall be no order as to costs. Since no affidavits are 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 on usual undertakings.

(Suvra Ghosh, J.)