Saukat Ali Mallick v. State Of West Bengal And ORS.

20.12.2024 Ct. No.10 Sws.M W.P.A. 11913 of 2024 Saukat Ali Mallick -Vs.- The State of West Bengal & Ors.

Mr. Rafikul Islam Sardar ...for the petitioner Mr. Sabyasachi Mukherjee Mr. Biswajit Mukherjee ...for the State Mr. Suman Basu Ms. Debanwita pramanik Ms. Debapriya Ghosh ...for the respondent Nos. 2 and 3 Affidavit of Service filed in Court today be kept with the records.

The grievance of the petitioner is directed against illegal and unauthorised construction. It is submitted on behalf of the petitioner that despite filing a representation as far back as on 18th April, 2024, the respondent authorities have failed to dispose of the same.

The State-respondents are represented and have filed a Report suggesting that the disputes raised by the petitioner are purely civil in nature. The concerned Zilla Parishad is also represented and submits that the Pradhan is the Appropriate Authority to deal with the representation.

In view of the submissions made on behalf of the parties, WPA 11913 of 2024 stands disposed of

by directing the Pradhan, being the respondent No. 6 to consider and dispose of the representation dated 18th April, 2024 within a period of six weeks from the date of communication of this order and after giving a right of hearing to all the affected parties, in accordance with law and without being influenced by any observation made in this order.

It is made clear that there has been no adjudication on the merits of the case and all questions are left open to be decided by the respondent No. 6.

There shall be no order as to costs.

As affidavits have not been called for, the allegations made in the writ petition are deemed not to have been admitted.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities.

(Ravi Krishan Kapur, J.)