Sk. Bani Amin And ANR. v. The State Of West Bengal And ORS.

April 26, 2023

(11) ARDR WPA 7355 of 2023 Sekh Bani Amin & anr.

Vs.

The State of West Bengal & Ors.

Adv. Raj Kumar Sain, ...for the petitioners.

Adv. Soumitra Bandyopadhyay, Adv. Priyabrata Batabyal ...for the State.

Affidavit of service filed by the petitioners is taken on record.

None appears for the private respondent, despite service.

It is submitted on behalf of the petitioners that the private respondent has raised unauthorised construction on Government land adjoining their property, thereby obstructing their egress and ingress. The petitioners submitted a representation in this regard before the concerned authority on 21st February, 2023 which is yet to be considered. The petitioners pray for a direction to consider the said representation at the earliest. It is submitted on behalf of the State respondents that the 3rd respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representation submitted by the petitioners dated 21st February, 2023 within three months from the date of

communication of this order upon affording reasonable opportunity of hearing to all the interested persons including the petitioners and the private respondent, in accordance with law.

With the aforesaid directions, WPA 7355 of 2023 is disposed of.

There shall however, be no order as to costs. Since no affidavit in opposition 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 on usual undertakings.

(Suvra Ghosh, J.)