Bhavani Charan Bhattacharya v. State Of West Bengal And ORS.

05.04.2022 WPA(P)/317/2021 BHAVANI CHARAN BHATTACHARYA VS THE STATE OF WEST BENGAL AND ORS.

gd/ssd Mr. Lakshminath Bhattacharya ..for the Petitioner Mr. T.M. Siddiqui, Mr. Debashis Ghosh, Mr. N. Chatterjee ..for the State The allegation in this petition is in respect of certain unauthorised and illegal construction by the respondent nos.6, 8, 9 and 11 over the PWD road. At this stage the limited submission of learned counsel for the petitioner is that the petitioner has already made representation dated 27.10.2021 to the respondent no.6 therefore a direction be issued to the said respondent to decide the representation. Learned counsel for the State has no objection to such a limited prayer.

Hence, we dispose of the present petition at this stage directing the respondent no.6 to duly consider the representation dated 27.10.2021 and take an appropriate decision in accordance with law after affording an opportunity of hearing to all the concerned parties.

Let this exercise be completed within a period of

two months from the date of receipt of a copy of this order.

We make it clear that we have not gone into the merits of the matter and the respondent no.6 will be at liberty to decide the issue independently on the basis of the record as also the situation on the spot. Petition is accordingly disposed of.

(Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)

e