Susanta Kumar Das v. State Of West Bengal And ORS.

12.08.2021.

Item No. 91.

Court No.13 ap W.P.A. No. 12648 of 2021 (Through Video Conference) Susanta Kumar Das

Versus

The State of West Bengal & Ors.

Mr. Kumar Jyoti Tewari, Mr. Rwitendra Banerjee, Mr. Devdutta Pathak.

..For the petitioner.

Despite notice, the State is not represented. Affidavit-of-service filed in Court today is taken on record.

The petitioner, aggrieved by an order dated 29th July, 2021 passed by the Sub-Divisional Magistrate, Ghatal under the provisions of Section 10(3) of the West Bengal Highways Act, 1964 has preferred an appeal before the District Magistrate, Paschim Medinipore.

The subject matter of this writ application is an unauthorized construction being effected by the petitioner on the lands belonging to the P.W.D. The Sub-Divisional Officer has clearly found against the petitioner and has held that the construction by the petitioner is an unautthorized one and on public land. In that view of the matter, the prayer made by the petitioner for staying construction, pending consideration of the appeal, cannot be entertained.

It is, however, directed that the aforesaid appeal be disposed of by the District Magistrate, Paschim Medinipore within a period of one month from the date of communication of a copy of this order.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)