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Calcutta High CourtWPA/14735/2024disposed

Sambhu Charan Das v. The State Of West Bengal And ORS.

2024-12-05Hon'Ble Justice Jay Sengupta2 pages

25 05.12.2024 NB Ct. 17 WPA 14735 of 2024 Sambhu Charan Das Vs.

The State of West Bengal & Ors.

Mr. Apares Sinha.

...for the petitioner.

Mr. Ramashis Mukherjee, Mr. Rameshwar Sinha, Ms. Debanjana Sen.

...for the private respondents.

Affidavit of service filed on behalf of the petitioner is taken on record.

No one appears on behalf of the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner had earlier made a complaint against unauthorised construction made by the private respondents on public land. Pursuant to an order passed by a Coordinate Bench of this Court, the illegal construction was removed. However, later on, the same private respondents have again come at the same place and put up illegal and unauthorised structures. These are hindering the ingress and egress to the petitioner's property. Appropriate representations were made before the concerned authorities including the Sub-Divisional Magistrate, Haldia, Purba Medinipur. But, the same have not been responded to. Learned counsel appearing on behalf of the private respondents denies the allegations.

It appears that a representation for removal of unauthorised construction over the public land made by the petitioner is pending consideration before the concerned authorities.

In view of the same, let the concerned Sub-Divisional Magistrate consider the petitioner's representation in accordance with law and upon hearing necessary parties as expeditiously as possible, preferably within a period of eight weeks from the date of communication of this order With these observations, the writ petition is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)