Avijit Saha v. State Of West Bengal And ORS.

31.01.2024 rc/ct.no.10 Item No.20 WPA No. 15364 of 2023 Avijit Saha

Versus

The State of West Bengal & Ors.

Mr. Lakshminath Bhattacharjee Mr. Rajib Kumar Acharyya Mr. Goutam Malik ...for the petitioner Mr. Chandi Charan De Mr. S.K.Halder ....for the State Mr. Subha Pathak ...for the respondent nos. 10 to 14 Affidavit of service filed in Court is taken on record. The petitioner claims to be recorded owner of the plot in question and submits that the private respondents have raised unauthorised construction by encroaching upon a portion of the Government land adjoining his property, thereby disturbing the peaceful possession of the petitioner in respect of his property. The petitioner seeks to submit a comprehensive representation before the concerned authority in this regard and prays for a direction upon the authority to consider the said representation at the earliest.

It is submitted on behalf of the State respondents that the 5th respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of with liberty to the petitioner to submit a comprehensive representation before the 5th respondent within a fortnight

from date. The 5th respondent is directed to consider and dispose of the representation within three months from the date of receipt thereof after affording reasonable opportunity of hearing to all interested persons including the petitioner and the private respondents, in accordance with law.

With the above observations and directions this writ petition 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)