Rajesh Shaw v. State Of West Bengal And ORS.

31.01.2023 31.01.2023 Ct. No.10 b.das WPA 9858 of 2022 Rajesh Shaw Vs.

The State of West Bengal & Ors.

Mr. Arunava Ganguly ...for the petitioner.

Mr. A. K. Ganguly Mr. Bellal Shaikh ...for the State.

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

Heard learned counsels for the parties.

None appears for the private respondents despite service.

The petitioner claims to be the recorded owner of the plot in question and complains that the private respondents have raised unauthorised constructions by encroaching upon a portion of the PWD Road adjoining his plot, thereby obstructing his egress and ingress. The petitioner submitted a representation before the concerned authority on 17th May, 2022, which is yet to be considered. The petitioner prays for a direction upon the concerned authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 2nd respondent be directed to consider the

representation submitted by the petitioner, in accordance with law.

In view of the above, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the representation submitted by the petitioner dated 17th May, 2022 within a period of three months from the date of communication of this order, after granting reasonable opportunity of hearing to all the interested persons including the petitioner and the private respondent, in accordance with law.

With the above observations and directions this writ petition being WPA 9858 of 2022 is disposed of. However, there shall be 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)