Tapas Panda And ORS v. State Of West Bengal And ORS.

29.04.2022.

Item No. 10.

Court No.13 ap W.P.A. No. 5943 of 2022 With I.A. No. CAN 1 of 2022 Tapas Panda & Ors.

Versus

The State of West Bengal & Ors.

Mr. Saptangsu Basu, ld. Sr. Advocate, Mr. Debjit Mukherjee, Ms. Susmita Chatterjee, Ms. Dipanwita Ganguly, Mr. K. Bhattacharya.

...For the petitioners.

Mr. Wasim Ahmed.

...For the State.

Mr. Tanmay Basu, Mr. Debdip Mandal, Mr. Manoj Adak.

...For the petitioners in CAN 1 of 2022.

This matter has been listed after being released by a Co-ordinate Bench of this Court (Sabyasachi Bhattacharyya, J.) on 5th April, 2022.

It appears from the records that affidavit-inopposition has been filed by the State. From paragraph 2 of the affidavit-in-opposition, it appears that notice affixed by the Executive Engineer, Diamond Harbour Highway Division, Public Work (Roads) is for the general awareness of the unauthorized nature of the occupation, as perceived by the respondents.

It is submitted that the procedure in accordance with law, would have to be followed.

Counsel for the private respondent submits that by an order dated 19th January, 2022, the District Magistrate, South 24 Parganas, has already concluded the proceedings.

In that view of the matter, the instant writ petition is disposed of, directing the respondent no.2 to act strictly in accordance with law.

In view of the disposal of the main writ petition, the connected application shall also stand disposed of. There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)