Mihir Mahato & ANR v. State Of West Bengal & ORS

ss/jks 07.02.2022 WPA 14171 of 2018 Sri Mihir Mahato & Anr.

Vs.

The State of West Bengal & Ors.

(Through Video Conference) Mr. Rwitendra Banerjee Mr. Sougata Mitra Mr. Rameshwar Sinha Ms. Ankita Dey ... ... for the petitioners Mr. Jahar Lal De Ms. Smita Das De ... ... for the State The grievance raised by the petitioners is that the private respondents have no right, title or interest in plot nos. 174 and 176 which comes under Chharra Dumdumi Gram Panchayet and these respondents have unauthorizedly blocked the road passing through the said plot which was used by the villagers for taking the patients to the hospital.

At this stage, learned counsel for the petitioners has prayed for liberty to file appropriate representation before the respondent no. 5 and prayed for a direction to the said respondent to decide the representation. Learned counsel for the State has no objection to the same. He has submitted that if the needs arise, the respondent no. 5 can take the assistance of Block Land & Land Reforms Officer.

Hence, without expressing any opinion on the merits of the controversy, we dispose of the present petition granting liberty to the petitioners to file

appropriate representation before the respondent no. 5. If such a representation is filed by the petitioners, the respondent no. 5 will give an opportunity to all the concerned affected parties and take an appropriate decision in accordance with law as expeditiously as possible, preferably within a period of three months from the date of receipt of the representation.

(Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)