Mamoni Panda v. State Of West Bengal And ORS.

18.08.2022 18.08.2022 Ct. No.10 b.das WPA 17192 of 2022 Mamoni Panda Vs.

The State of W. B. & Ors.

Mr. Samim Ahammed Mr. Arka Maity Ms. G. Pervin ...for the petitioner.

Mr. Susovan Sengupta Mr. Subir Pal ...for the State.

Mr. Soumik Ganguli ...for the private respondents.

Affidavit of service filed on behalf of the petitioner is taken on record.

Heard learned counsels for the parties.

The petitioner's grievance is that private respondents have raised unauthorised construction by encroaching upon the PWD Highway adjoining the petitioner's property thereby obstructing the egress and ingress of the petitioner.

The petitioner submitted a representation in this regard before the concerned authority on 28th June, 2022, which is yet to be disposed of. The petitioner prays for direction upon the 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.

Upon consideration of submission made on behalf of both the parties and material on record, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representation submitted by the petitioner dated 28th June, 2022 within three months from the date of communication of this order after affording reasonable opportunity of hearing to all the interested parties including the petitioner and private respondents, in accordance with law.

With the above observations and directions, the writ petition being WPA 17192 of 2022 is disposed of. However, there shall 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)