Minati Tewari v. State Of West Bengal And ORS.

April 26, 2023

(14) ARDR WPA 7431 of 2023 Mrs. Minati Tewari Vs.

The State of West Bengal & Ors.

Adv. Soumyadeep Biswas, ...for the petitioner.

Adv. Kushal Paul, ...for the respondent nos. 5 & 6.

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

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

The petitioner complains of unauthorised construction made by the private respondents on PWD land. The petitioner seeks to submit a comprehensive representation in this regard before the concerned authority and prays for a direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the private respondents that the private respondents have made construction in the plot in question upon obtaining sanctioned plan from the Panchayat.

In reply, learned counsel for the petitioner submits that the Panchayat has issued stop work notice upon the private respondents in regard to the said construction. It is submitted on behalf of the State respondents that the 4th respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of with liberty to the petitioner to submit a comprehensive representation before the 4th respondent within seven days from date. The 4th respondent is directed to consider and disposed of the representation within three months from the date of receipt thereof after affording reasonable opportunity of hearing to all the interested persons including the petitioner and the private respondents, in accordance with law.

With the aforesaid directions, WPA 7431 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.)