Paban Halder v. State Of West Bengal And ORS.

02.08.2021 Ct. No.13 Sl. No.97 pk/akd W.P.A. 10840 of 2021 [via video conference] [Paban Halder -Vs- The State of West Bengal and others] Mr. Samarjit Balial ... ... for the petitioner Mr. Soumitra Bandyopadhyay, Mr. Subhasis Bandyopadhyay ... for the State.

Mr. Nilanjan Adhikari ... for the respondent no. 9.

It is submitted by the counsel for the petitioner that the private respondent no. 9 is effecting construction on the land that is infact a water body. It is also submitted by the petitioner that the said construction has the effect of obstructing access to the petitioner's land.

Counsel for the private respondent no. 9 vehemently opposes the said submissions.

The writ petitioner has made a representation before the District Authorities, which has not been considered till date. In those circumstances, the District Magistrate, South 24 Parganas shall cause the writ petitioner's representation annexed to the writ petition, to be considered by a competent authority within a period of two months from the date of communication of a copy of this order.

The petitioner as well as the private respondent no. 9 and/or their respective legal representative shall be heard by the concerned officer and a reasoned order may be passed.

The reasoned order may be communicated to the parties, i.e., the petitioner and the private respondent no. 9 within a week thereof.

With the aforesaid directions, the writ petition is disposed of.

There shall be no order as to costs.

All parties are to act on a server copy of this order duly downloaded from the official website of this court. (Rajasekhar Mantha, J.)