Jalal Uddin Mandal v. State Of West Bengal And ORS.

January 19, 2022 ARDR (28) WPA 16191 of 2021 Jalal Uddin Mandal Vs.

The State of West Bengal & Ors.

Mr. Baidurya Ghosal, ...for the petitioner.

Mr. Supratim Dhar, ...for the State.

The petitioner's grievance is that notice under Section 10 of the West Bengal Highways Act, 1964 was issued in the names of Dalal Mandal, Abdul Mandal and Jias Mondal, but was served upon the petitioner directing him to demolish the construction in the land belonging to the petitioner. The petitioner submitted a representation ventilating his grievance before the concerned authority on 30th August, 2021 which is yet to be disposed of. The petitioner prays for a direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 3rd respondent may be directed to dispose of the representation of the petitioner within a stipulated period of time.

Upon considering the submissions made on behalf of the parties, the writ petition is disposed of directing the 3rd respondent to consider and dispose of

the representation submitted by the petitioner dated 30th August, 2021 within a period of two months from the date of communication of this order after giving reasonable opportunity of hearing to all the interested parties including the petitioner, in accordance with law. Such order be communicated to the petitioner within a week thereof.

WPA 16191 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 furnished to the parties on usual undertakings.

(Suvra Ghosh, J.)