Jayanta Gaunia v. The State Of West Bengal And ORS.

Item.20 06.02.2025 WPA 17273 of 2024 Jayanta Gaunia -vsThe State of W.B. & others.

Mr. Salil Kumar Maiti ...for the petitioner Mr. Ashim Kr. Ganguly Ms. Jyotsna Roy Mukherjee ...for the State Affidavit of service filed on behalf of the petitioner is ssi Ct. 17 taken on record.

It appears that the respondent no.6 could not be served with notice.

Learned counsel appearing on behalf of the petitioner submits as follows. The private respondents had come up with illegal unauthorized construction on government land belonging to the Irrigation and Waterways Department near the petitioner's property. This is blocking the ingress and egress to the petitioner's property. Accordingly, the petitioner made a representation on 16.03.2024 before the concerned authorities for taking action in terms of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962. Yet, the same has not been responded to.

It does not appear that a representation has been made before the concerned SDO.

In view of the above, the petitioner shall be at liberty to make a proper representation in this regard before the concerned SDO in accordance with law. If the same is made within a fortnight from this date, the concerned SDO shall consider the same in accordance with law and upon hearing all the interested parties as expeditiously as possible, preferably within eight weeks from the date of receipt of such representation.

It is made clear that the merits of the case have not been gone into.

With these observations, the writ petition is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)