Sabyasachi Giri v. State Of West Bengal And ORS.

06.06.2023 rc/ct.no.10 Item No.24 WPA No. 11971 of 2023 Sabyasachi Giri

Versus

The State of West Bengal & Ors.

Mr. Bapin Baidya ..for the petitioner Mr. Chandi Charan De Mr. Anirban Sarkar ....for the State Mr. Partha Sarathi Mondal ...for the respondents no. 6 to 9 Affidavit of service filed in Court today is taken on record.

The petitioner claims to be recorded owner of the plot in question and submits that the private respondents have raised unauthorised construction by encroaching upon a portion of the PWD road adjoining his plot, thereby obstructing his ingress and egress.

The petitioner submitted a representation in this regard before the concerned authority on 17th April, 2023 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 4th respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 4th respondent to consider and dispose of the representation submitted by the petitioner on 17th April, 2023 within a period of three months from the date of communication of this order, after giving reasonable opportunity of hearing to all the interested persons including the petitioner and the private respondents, in accordance with law.

With the above observations and directions this writ petition is disposed of.

There shall be, however, 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 furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)