Ashim Khanra v. The State Of West Bengal And ORS.

July 22, 2022 ARDR (42) WPA 8681 of 2022 Ashim Khanra Vs.

The State of West Bengal & Ors.

Mr. Debdutta Raha, ...for the petitioner.

Mr. Debasis Sur, Mr. Angsuman Patra, ...for the respondent no.9.

Mr. Ayan Banerjee, Ms. Debasree Dhamali, ...for the State.

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

The petitioner's grievance is that the private respondent has raised unauthorised construction by encroaching upon a portion of the Nayanjuli which lies between the land of the petitioner and PWD road, thereby obstructing the ingress and egress of the petitioner.

It is submitted on behalf of the private respondent that no such encroachment has been made by the private respondent on any Government land and the private respondent has raised construction on the land owned by this respondent.

Learned counsel for the State respondents submits that the representation submitted by the petitioner in this regard may be considered by the 6th respondent in accordance with law.

In view of the above, the writ petition is disposed of directing the 6th respondent to consider and dispose of the representation submitted by the petitioner dated 31st March, 2022 within two months from the date of communication of this order after affording reasonable opportunity of hearing to all the interested parties including the petitioner and the private respondent, in accordance with law.

With the aforesaid directions, WPA 8681 of 2022 is disposed of. There shall however, be 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.)