Abdul Matinand ORS. v. State Of West Bengal And ORS.
21.12.2021 rc/ct.no.10 Item No.28 WPA No. 19043 2021 Abdul Matin & Ors.
Versus
The State of West Bengal & Ors.
Mr. Sabyasachi Mukhopadhyay Mrs. Koushikee Banerjee ...for the petitioners Mr. Soumitra Bandyopadhyay Mr. Ram Chandra Guchait ...for the State Affidavit-of-service filed in Court today be taken on record.
The grievance of the petitioners is that in the garb of metaling the unmetaled road in front of the petitioners' house, the State-respondents have deviated from their plan and are doing the said work by encroaching upon the petitioners' land though the said land has not been acquired. The petitioners submitted representation dated November 08, 2021 (Annexure P-5 to the writ petition) before the concerned authority ventilating their grievance but such representation has not been considered. The petitioners pray for a direction upon the concerned authority to consider the representation and to refrain from continuing with such work till their representation is considered.
It is submitted by the learned counsel appearing on behalf of the State-respondents that the representation filed by the petitioners may be considered by the concerned authority within a period of one month from date.
Upon consideration of the submissions made by the learned counsels appearing on behalf of the parties and the material on record, the writ petition is disposed of by directing the respondent no. 5 to consider and dispose of the representation dated November 08, 2021 (Annexure P5 to the writ petition) filed by the petitioners within a period of one month from the date of communication of this order, after giving reasonable opportunity of hearing to all the affected parties including the petitioners, in accordance with law.
Pending disposal of the said representation, the respondents are restrained from continuing with any further construction/encroachment in the land of the petitioners.
With the above observations and directions the writ petition being WPA No.19043 of 2021 is disposed of. There shall be, however, 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)