Sk Ijajul Islam v. State Of West Bengal And ORS.

17.12.2021 17.12.2021 Ct. No.10 b.das W.P.A. 14781 of 2021 (Via Video Conference) Sk. Ijajul Islam Vs.

State of W.B. & Ors.

Mr. Prantik Garai Mr. D. Mitra ...for the petitioner.

Mr. Chandi Charan De Mr. A. Sarkar ...for the State.

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

Heard learned counsels for the petitioner and the State.

None appears on behalf of the private respondents despite service of notice.

The grievance of the petitioner is that the private respondents have started filling up the waterbody, which is recorded as 'pond' in the L.R. Record of Rights and is used for pisciculture as well as by the common people. The petitioner submitted a representation to that effect before the 3rd respondent on 22nd December, 2020, which is yet to be disposed of. The petitioner prays for

direction upon the concerned authority to consider the representation at the earliest.

Upon consideration of the submissions made on behalf of the parties and material on record, the writ petition is disposed of directing the respondent No.3 to consider and dispose of the said representation dated 22nd December, 2020, within a period of two months from the date of communication of this order, after affording reasonable opportunity of hearing to all the interested parties including the petitioner and the private respondents, in accordance with law.

With the above observations and directions this writ petition WPA 14781 of 2021 is disposed of.

However, there shall be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)