Ashok Mandal And ANR v. Union Of India And ORS.

October 31, 2022 ARDR (16) WPA 16680 of 2022 Ashok Mandal & anr.

Vs.

The Union of India & ors.

Adv. Salil Kumar Maity, Adv. Raj Kumar Sain, ...for the petitioners.

Adv. Deblina Lahiri, ...for the respondent nos. 11 to 13.

Adv. Chandi Charan De, Adv. Haripada Maity, ...for the State.

Affidavit of service filed by the petitioners is taken on record.

The petitioners complain of unauthorised occupation of a portion of the national highway by the private respondents. The petitioners submitted a representation in this regard before the concerned authority on 4th July, 2022 which is yet to be disposed of. The petitioners pray for a direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 2nd respondent be directed to consider the representation in accordance with law.

Learned counsel for the private respondents submits that the private respondents have been carrying on a small business upon obtaining trade licence from the concerned authority in a portion of a Nayanjuli.

Be that as it may, since the representation submitted by the petitioners is yet to be considered, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the representation submitted by the petitioners dated 4th July, 2022 within two months from the date of communication of this order after affording reasonable opportunity of hearing to all the interested persons including the petitioner and the private respondents, in accordance with law.

With the aforesaid directions, WPA 16680 of 2022 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.)