Sk Reajuddin v. State Of West Bengal And ORS.

12.06.2023 rc/ct.no.10 Item No.16 WPA No. 9051 of 2023 Sk. Reajuddin

Versus

State of West Bengal & Ors.

Mr. Debasish Kundu Mr. Subimal Ghorai Mr. J. Alam ...for the petitioner Mr. Santanu Kumar Mitra Mr. Sudip Sarkar ..for the State Affidavit of service filed in Court today is taken on record.

None appears for the private respondents despite service.

It is contended on behalf of the petitioner that the private respondents have raised illegal construction by encroaching upon a portion of the PWD road adjoining his property, thereby obstructing his ingress and egress. The petitioner submitted a representation in this regard before the concerned authority on 29th March, 2023 which is yet to be considered.

The petitioner prays for a direction upon the concerned authority to consider the said application at the earliest.

It is submitted on behalf of the State-respondents that pursuant to the representation submitted by the petitioner on March 29, 2023 the Assistant Engineer, Kharagpur Highway Division has issued a letter to the

concerned Block Land and Land Reforms Officer for demarcation of the plot in question and such demarcation work is in progress.

It is also submitted on behalf of the Staterespondents that the 5th respondent be directed to consider the representation in accordance with law. In view of the above, the writ petition is disposed of directing the 5th respondent to consider and dispose of the representation submitted by the petitioner on March 29, 2023 within a period of two months from the date of communication of this order, after affording reasonable opportunity of hearing to all the interested persons including the petitioner and the private respondents, in accordance with law.

With the above observations and directions this writ petition is disposed of.

There shall be, however, 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)