Nurul Hoda Mondal v. State Of West Bengal And ORS.

February 09, 2022 ARDR (14) WPA 17766 of 2021 Nurul Hoda Mondal Vs.

The State of West Bengal & Ors.

Mr. Sarbananda Sanyal, ...for the petitioner.

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

The contention of the petitioner is that the private respondent has raised illegal construction by encroaching upon the Government land and has thereby obstructed the ingress and egress of the petitioner. Applications made before the police as well as authorities in this regard fell on deaf ears. The petitioner seeks liberty to submit a representation before the Sub-Divisional Officer, Berhampore for eviction of the unauthorised occupant/private respondent from the Government land as per provisions laid down under the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962. Learned counsel for the State respondents submits that the petitioner may submit a representation before the Sub-Divisional Officer which shall be considered by the authority within a certain period of time.

Having considered the submissions made by the parties, the writ petition is disposed of with liberty to the petitioner to submit a representation before the fifth respondent i.e. Sub-Divisional Officer, Berhampore,

Murshidabad ventilating his grievance, within a fortnight from date. The fifth respondent shall consider and dispose of the representation within a period of two months from the date of receipt thereof after affording reasonable opportunity of hearing to all the stakeholders including the petitioner and the private respondent, in accordance with law.

With the aforesaid directions, WPA 17766 of 2021 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.)