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Calcutta High CourtWPA/8973/2022disposed

Mozammel Hossain v. State Of West Bengal And ORS.

2024-03-04Hon'Ble Justice Suvra Ghosh2 pages

jdt.

04.03.2024 jb.

WPA 8973 of 2022 (Mozammel Hossain vs. State of West Bengal & Ors.) Mr. Partha Pratim Roy Mr. Sarbananda Sanyal .... For the Petitioner Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal .... For the State Affidavit of service filed on behalf of the petitioner is taken on record.

Heard learned counsels for the parties.

It is contended on behalf of the petitioner that the petitioner has been using a portion of the PWD land adjoining his property for his egress and ingress from/to public road. The PWD is raising boundary wall surrounding the land as a result of which the land of the petitioner shall become land locked.

The petitioner submitted a representation in this regard before the concerned authority on 18th April, 2022 which is yet to be considered. The petitioner prays for a direction upon the authority to consider the representation at the earliest.

Learned counsel for the State respondents submits 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 petitioner dated 18th April, 2022 within six weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)