Jayanta Kumar Sarkar v. State Of West Bengal And ORS.

Sl. No.90 13.07.2022 Court No.24 B.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 19470 of 2021 Jayanta Kumar Sarkar

Versus

The State of West Bengal & Ors.

Mr. Dyutiman Banerjee ... for the petitioners None appears on behalf of the respondents.

Affidavit of service filed in Court is taken on record.

In view of the order that I propose to pass none of the respondents will be prejudiced if the writ petition is disposed of.

The petitioner claims to be the owner of a piece and parcel of land located in Mouza-Khudsol, Khatian No.40, Dag No.77, Ward No.9 under Bankura Municipality.

The petitioner alleges that the respondent no.6 is making illegal and unauthorized construction beside the plot of the petitioner in Uttar Arabindanagar, near Chatta Bakery because of which the petitioner's free ingress and egress has been obstructed.

The petitioner filed representation before the Bankura Municipality in November, 2021 and alleges

that the same has not been taken into consideration till date.

Accordingly, the instant writ petition is disposed of directing the Bankura Municipality, being the respondent no.2 herein, to take steps to consider and dispose of the representation dated 22nd November, 2021 at the earliest after giving opportunity of hearing to the petitioner and all other necessary parties. The aforesaid respondent shall pass a reasoned order upon consideration of the representation positively within a period of twelve weeks from the date of communication of this order.

The said respondent shall communicate the reasoned order to all the parties immediately thereafter. In the event the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorized construction, in accordance with law.

The aforesaid respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or decide any private dispute of the parties regarding right, title and interest in respect of the aforesaid land. It is made clear that this Court has not entered into the merits of the claim made by the petitioner and

all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated 22nd November, 2021 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

( Amrita Sinha, J.)