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Calcutta High CourtWPA(P)/387/2022disposed

Nazia Elahi Khan v. State Of West Bengal And ORS.

2022-09-20Hon'Ble Chief Justice Prakash Shrivastava,Hon'Ble Justice Rajarshi Bharadwaj2 pages

September 20, 2022 Sl. No.16 Court No.1 s.biswas WPA (P) 387 of 2022 Nazia Elahi Khan vs.

The State of West Bengal and others Mr. Ranojoy Chatterjee, Ms. Subhamita Banerjee, Advocates ... for the petitioner Mr. Nilotpal Chatterjee, Mr. Amritalal Chatterjee, Advocates ... for the State Affidavit of service filed by the petitioner is taken on record.

The grievance raised in this petition is that the private respondent No.7 is raising construction on the land which originally belonged to Cantonment Board and now taken over by the respondent No.2 (Dum Dum Municipality).

Learned counsel for the petitioner submits that the respondent No.7 is raising the new construction at Plot No.4/12, Hari Mohan Dutta Road, Dum Dum Cantonment, Post Office and Police Station - Dum Dum, District- North 24 Parganas and such a construction is an unauthorized construction. Learned counsel for the petitioner has also pointed out that the representation dated 05.07.2022 in the form of legal notice was submitted by the petitioner to the respondent No.3 pointing out the illegality but no action has been taken.

Learned counsel for the respondents does not dispute that the representation submitted by the

WPA(P) 387 of 2022 petitioner required to be considered in accordance with law.

Hence, we dispose of the present petition directing the respondent No.3 to duly consider the petitioner's presentation dated 05.07.2022 in accordance with law and take appropriate decision as expeditiously as possible preferably within a period of four months from the date of receipt of a copy of this order.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

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