Kulsara Bibi v. State Of West Bengal And ORS.

M/L. 43.

August 3, 2022.

MNS.

WPA No. 12951 of 2022 Kulsara Bibi Vs.

The State of West Bengal and others Mr. Lakshminath Bhattacharya ... for the petitioner.

Affidavit-of-service filed in Court today be kept on record.

Although the respondents are not represented through counsel and proper service has apparently not been effected on the private respondent, in view of the innocuous nature of the prayer made by the petitioner, the matter is taken up for hearing and disposal.

Upon hearing learned counsel for the petitioner, WPA No. 12951 of 2022 is disposed of by directing the respondent no. 7, that is, the Sub Divisional Officer, Diamond Harbour, South 24 Parganas, to consider the representation of the petitioner, annexed at page 25 of the writ petition, couched in the form of an application for demolition of illegal encroachment, upon giving an opportunity of hearing to the petitioner and the private respondent and any other person

concerned, if any, in accordance with law as expeditiously as possible, preferably within six weeks from the date of communication of this order to the respondent no. 7 and to decide on the same and to communicate such decision to the petitioner and the other concerned parties immediately thereafter.

The merits of the allegations made in the writ petition have not been gone into and it will be open to the Sub Divisional Officer (respondent no. 7 ) to decide the representation independently and in accordance with law and to take consequential steps depending on the conclusion reached by the respondent no. 7 in that regard. There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)