Paresh Chandra Pakira And ORS v. The State Of West Bengal And ORS.

April 9, 2024

(25) ARDR WPA 9376 of 2022 Paresh Chandra Pakira & ors.

Vs.

The State of West Bengal & ors.

Adv. Gazi Faruque Hossain, Adv. Priyanka Mondal, ...for the petitioners.

Adv. Ashim Kumar Ganguly, Adv. Protim Chakraborty, ...for the State.

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

None appears for the private respondents despite service.

The petitioners claim to be the recorded owners of the plot in question and submit that the private respondents have raised unauthorised construction by encroaching upon PWD land adjoining their property, thereby obstructing their egress and ingress. The petitioners submitted representations before this concerned authority in this regard on 8th February, 2021 and 12th April, 2022 which are yet to be considered. The petitioners pray for a direction upon the authority to consider the representations at the earliest.

Learned counsel for the State respondents submits that the 5th respondent be directed to consider the representations 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

representations submitted by the petitioners dated 8th February, 2021 and 12th April, 2022 respectively within three months from the date of communication of this order upon affording reasonable opportunity of hearing to all the interested persons including the petitioners and the private respondents, in accordance with law.

With the aforesaid directions, the writ petition 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 have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)