Debasish Srimany And ORS. v. Baranagar Municipality And ORS.

06.12.2023 (M/L-141) Ct.-24 (Susanta) W.P.A. 11693 of 2022 Sri Debasish Srimany & Ors.

-Vs- Baranagore Municipality & Ors.

Mr. Tapash Kumar Bhattacharya, Mr. Avirup Bhattacharya, .... For the Petitioners.

Mr. Arijit Dey, .... For the Baranagore Municipality.

The petitioners complain of illegal and unauthorized digging of their land at the behest of the Baranagore Municipality.

An objection was filed before the Municipality on 6th June 2022.

The petitioner alleges non-consideration of the said objection.

None represents the private respondents.

In view of the order that I propose to pass, none of the non-appearing respondents will be prejudiced if the writ petition is disposed of in the following manner.

As it appears that the representation of the petitioner objecting to the illegal and unauthorized construction is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no. 1 being the the

Baranagore Municipality, 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 three months 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.

A spot inspection shall be conducted to ascertain the nature and extent of unauthorized digging.

In the event the aforesaid respondent is of the considered opinion that the land of the petitioners has been dug up unauthorisedly, then necessary steps shall be taken to deal with such unauthorized digging, in accordance with law.

The aforesaid respondent shall restrict the consideration of the representation with regard to unauthorized digging 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 petitioners are directed to forward a copy of the representation dated 6th June, 2022 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)