Amina Molla v. State Of West Bengal And ORS.

06.03.2025 Court No.14 AGM

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 14939 of 2023 With CAN 1 of 2023 Amina Molla Vs.

The State of West Bengal & Ors.

Mr. Sukdeb Sarkar.

... for the Petitioner.

Mr. Ananda Dulal Sarkar.

... for the State.

1. The petitioner has filed application for restoration for recalling the order dated 20th September, 2023.

2. I have perused the said application and being satisfied, recall the order dated 20th September, 2023.

3. The writ petition is restored to its original file and number.

4. CAN 1 of 2023 is disposed of.

5. Affidavit-of-service filed today in Court be kept with the records.

6. None appears on behalf of the private respondents.

7. The petitioner's application for consideration of his representation alleging encroachment of

public land (Nayanjuli) by the private respondents is pending consideration at the end of the Assistant Engineer, Laxmikantapur Highway Sub-Division (PWD) (Roads) for a consideration period of time.

8. As it appears that the representation is pending consideration since long, accordingly, the instant writ petition is disposed of by directing the respondent no. 4, Assistant Engineer, Laxmikantapur Highway Sub-Division (PWD) (Roads) to consider and dispose of the representation filed by the petitioner in accordance with law after giving reasonable opportunity of hearing to all the necessary parties and by passing a reasoned order.

9. A spot inspection shall be conducted to ascertain actual facts.

10.

If it appears that the allegation of the petitioner is proper, then necessary consequential steps shall be taken in accordance with law.

11.

The respondent no. 4 shall take steps in the mater at the earliest but positively within a period of twelve weeks from the date of communication of this order.

12.

Learned advocate for the petitioner is directed to forward a copy of the representation along with all supporting documents to the

aforesaid respondent at the time of communicating the order of this Court.

13.

The writ petition stands disposed of.

14. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)