Sajal Kanti Ghosh v. State Of West Bengal And ORS.

Sl. No.56 31.08.2022 Court No.24 B.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 10017 of 2022 Sajal Kanti Ghosh Vs.

The State of West Bengal & Ors.

Mrs. Sohini Chakrabarty Ms. Prajaani Das ... for the petitioner Mr. Amal Kumar Sen Mr. Bipin Ghosh ... for the State The petitioner submits that the representation filed on behalf of the petitioner in May, 2022 alleging illegal and unauthorised construction at the instance of the respondent no.5 has not been taken into consideration by the Suri Municipality.

It is the specific case of the petitioner that the private respondent made construction over the common passage.

None appears either on behalf of the Municipality or the respondent no.5 despite service.

Affidavit of service filed in Court is taken on records.

The writ petition is accordingly disposed of by directing the respondent no.2 to consider and dispose of the representation made by the petitioner strictly in accordance with law, after giving an opportunity of

hearing to all the necessary parties including the petitioner within a period of 12 weeks from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties including the petitioner immediately thereafter. In the event the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorised construction, in accordance with law.

The aforesaid respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or decide any private dispute of the parties regarding right, title and interest in respect of the aforesaid land. It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated 18th May, 2022 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities ( Amrita Sinha, J.)