Dilip Ghosh And ORS v. State Of West Bengal And ORS.

26.06.2024 Item No.12 Ct. No.15 S.A.

WPA 13890 of 2023 Dilip Ghosh & Ors.

-vsThe State of West Bengal & Ors.

Ms. Shraboni Sarkar ...for the petitioners Mr. Pritam Choudhury Mr. Rajsekhar Basu ...for the State Let the affidavit filed by the petitioners be kept with the records.

Only the State is present.

It is the grievance of the petitioners that respondent no.8 had obtained a sanctioned plan from Maheshtala Municipality for construction of a building at R.S. Plot No.1520, C.S. Plot No. 1520, Khatian No.720, Mouza-Maheshtala.

While making the construction work, they illegally encroached upon a common passage used for ingress and egress to the petitioner's residential house.

Despite several complaints, the Municipality has not taken any steps for removal of such unauthorised construction till date.

In view of the aforesaid, I dispose of this writ petition with a direction upon Maheshtala Municipality to consider the representation dated May 26, 2023 and pass necessary orders in accordance

with law within a period of two months from the date of communication of this order.

Accordingly, WPA 13890 of 2023 is disposed of.

The Municipality shall afford an opportunity of hearing to the petitioners as well as respondent no.8 before passing the order.

The report filed by Maheshtala Police Station be kept with the records.

(Kausik Chanda, J.)