Nemai Prosad Raut v. State Of West Bengal And ORS.

27.06.2023 27.06.2023 Ct. No.10 b.das WPA 11447 of 2022 Nemai Prosad Rout Vs.

The State of W.B. & Ors.

Mr. P. P. Roy Mr. Salil Kr. Maiti ...for the petitioner.

Mr. Chandi Charan De Mr. A. Sarkar ...for the State.

Heard learned counsels for the parties.

None appears for the 10th and 11th respondents despite service.

The petitioner claims to be the recorded owner of the plot in question and complains that the private respondent has been illegally excavating earth from the said plot without permission of the concerned authority thereby changing the nature and character of the land from agricultural land to a waterbody (Bhery).

The petitioner seeks to submit a comprehensive representation before the concerned authority, being the 3rd respondent herein, in this regard and prays for direction upon the authority to consider the representation at the earliest.

In view of the above, the writ petition is disposed of with liberty to the petitioner to submit a comprehensive representation ventilating his grievance before the 3rd respondent within seven days from date. The 3rd

respondent is directed to consider and dispose of the representation within a period of two months from the date of receipt thereof upon affording reasonable opportunity of hearing to all the interested persons including the petitioner and the private respondent, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. With the above observations and directions this writ petition being WPA 11447 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.)