Sankar Das v. State Of West Bengal & ORS
September 5, 2022 ARDR (8) WPA 14481 of 2018 Sankar Das Vs.
The State of West Bengal & Ors.
+ CAN 1 of 2019 (Old CAN 389 of 2019) + CAN 2 of 2020 + CAN 3 of 2022 Mr. Sukanta Chakraborty, Ms. Suparna Das, Mr. Soumya Kanti Sinha, ...for the petitioner.
Mr. Ansar Mondal, Mr. Hasibul Islam, ...for the State.
Supplementary affidavit filed by the petitioner is taken on record.
By an order passed on 23rd August, 2018, the State of West Bengal was directed to cause a joint inspection of the site in question through its appropriate authorities along with a representative of the petitioner and submit a report in the form of an affidavit stating the outcome of the said joint inspection including the report submitted by the inspecting authorities.
It is not in dispute that such joint inspection has not been held till date in complying with the said order. In the meantime, the petitioner has submitted a representation before the concerned authority on 11th May, 2022 ventilating his grievances as made out in the present writ petition and has prayed for a direction upon
the authority to consider the representation at the earliest.
Learned counsel for the State respondents submits that the 4th respondent be directed to consider the representation in accordance with law.
In view of the above the writ petition is disposed of directing the 4th respondent to consider and dispose of the representation submitted by the petitioner dated 11th May, 2022 within one month from the date of communication of this order after affording reasonable opportunity of hearing to all the interested parties including the petitioner, in accordance with law. The decision taken by the authority shall be communicated to the petitioners within a week thereof. With the above directions, WPA 14481 of 2018 is disposed of. There shall however, 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 upon compliance of necessary formalities.
(Suvra Ghosh, J.)