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Calcutta High CourtWPA/17267/2021disposed

Nitai Chand Das v. State Of West Bengal And ORS.

2021-12-13Hon'Ble Justice Suvra Ghosh3 pages

jdt.

13.12.2021 jb.

W.P.A. 17267 of 2021 (Nitai Chand Das vs. State of West Bengal & Ors.) Ms. Pinki Saha Mr. Salil Kr. Maiti .... For the Petitioner Mr. Susovan Sengupta Mr. Subir Pal .... For the State Mr. Somnath Ghoshal Mr. Satyajit Senapati .... For the Respondent Nos. 8, 11 and 12 Heard learned counsels for the parties.

It is submitted on behalf the petitioner that the private respondents have raised illegal and unauthorised construction by encroaching upon Government land, thereby obstructing the egress and ingress of the petitioner.

The petitioner submitted a representation to that effect before the concerned Authority on 8th January, 2021, but the same is yet to be disposed of. The petitioner prays for a direction upon the concerned Authority to consider his representation at the earliest.

In opposing the allegation the petitioner, it is submitted on behalf of the private respondents that these respondents have raised construction on their own land and no portion of Government land has been encroached.

Upon consideration of the submissions made on behalf of the parties and material on record, the writ petition is disposed of directing the 4th respondent to consider and dispose of the representation filed by the petitioner dated 8th January, 2021 within a period of three months from the date of communication of this order, after giving reasonable opportunity of hearing to all the affected parties including the petitioner and the private respondents, in accordance with law.

w.P.A. 17267 of 2021 is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance requisite formalities.

(Suvra Ghosh, J.)