Rabindra Nath Pathak And ANR. v. State Of West Bengal And ORS.

13.12.2023 rc/ct.no.10 Item No.531 WPA No. 15828 of 2023 Rabindra Nath Pathak & Anr.

Versus

The State of West Bengal & Ors.

Mr. Dilip Kumar Sinha ...for the petitioners Mr. Ayan Banerjee ...for the State Affidavit of service filed in Court today is taken on record.

None appears on behalf of the private respondents despite service.

The petitioners claim to be the recorded owners of the plot in question and complain that the private respondents have raised unauthorised construction by encroaching upon a portion of the PWD land adjoining their property, thereby obstructing their ingress and egress. The petitioners have submitted a representation before the concerned authority on January 20, 2023 which is yet to be considered. The petitioner prays for a direction upon the concerned authority to consider the representation at the earliest.

It is submitted on behalf of the State-respondents that the 3rd respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the

representation submitted by the petitioners on January 20, 2023 within a period of three months from the date of communication of this order, after giving reasonable opportunity of hearing to all concerned including the petitioners and the private respondents, in accordance with law.

With the above observations and directions this writ petition is disposed of.

There shall be, however, 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)