Nishikanta Bera & ORS v. The Executive Engineer East Medinipur Div Tamlik& ORS

December 16, 2021 Item No.25 Court No.1 SG/s.biswas WPA 7658 of 2015 Nishikanta Bera and others vs.

The Executive Engineer East Medinipur Division, Tamluk (I & W.DTC)w and others (Through Video Conference) Sk. Anwar Ali, Advocate .. for the petitioners Mr. Tapan Kumar Mukherjee, Senior Advocate Mr. Somnath Naskar, Advocate ... for the State This writ petition was filed in the year 2015 with the alleged grievance that the respondents were intending to construct a bus stand on the middle portion of two bridges situated at Balai Panda, Purba Medinipur, Moyna Police Station and western side bridge of Paschim Mediniur district of Chandia River.

A further prayer was made to direct the respondents to decide the pending representation which is addressed to the District Magistrate, Tamluk, Purba Medinipur. Neither learned counsel for the petitioners nor learned counsel for the respondents have any instructions, if the grievance raised by the petitioners is still surviving. The writ petition has been pending for last more than six years.

We do not deem it fit and proper to keep the writ petition pending unnecessarily. If the grievance of the petitioners still survives then they can approach the concerned District Magistrate by way of the fresh representation.

WPA 7658 of 2015 Learned counsel for the State has also fairly submitted that if such a representation is filed then the same will be considered without any delay.

Hence, we dispose of the present writ petition granting liberty to the petitioners to approach the concerned District Magistrate if they have any surviving grievance. On filing such a representation, the District Magistrate will duly look into the grievance of the petitioners and pass an appropriate order in accordance with law without any delay.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

[Prakash Shrivastava, C.J.] [Rajarshi Bharadwaj, J.]