Nakul Chandra Pakhira v. State Of West Bengal And ORS.

01.09.2022 01.09.2022 Ct. No.10 b.das WPA 18777 of 2022 Nakul Chandra Pakhira Vs.

The State of W. B. & Ors.

Sk. Sahjahan Ali ...for the petitioner.

Mr. Chandi Charan De Mr. A. Sarkar ...for the State.

Mr. S. K. Chakraborty Mr. N. K. Ghosh ...for the respondent No.7.

Affidavit of service filed on behalf of the petitioner is taken on record.

Heard learned counsels for the parties.

In an earlier writ petition (WPA 17817 of 2021) by and between the parties as in the present writ petition, this Court, vide order passed on 18th January, 2022, directed the Assistant Engineer, Keleghai Bridge Highway Subdivision, the 4th respondent therein to consider the representation submitted by the petitioner after affording reasonable opportunity of hearing to all the interested parties including the petitioner and the private respondents.

In the present writ petition, it is submitted on behalf of the petitioner that the Assistant Engineer, Keleghai Bridge Highway Sub-division has no jurisdiction to deal

with the representation submitted by the petitioner and the Assistant Engineer, Kharagpur Highway Sub-division, Public Works Department, being the 3rd respondent herein should be directed to consider the representation submitted by the petitioner.

The petitioner has also submitted a fresh representation in this regard before the 3rd respondent on 7th April, 2022 and prays for a direction upon the said respondent to consider the representation at the earliest. In view of the above, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representation submitted by the petitioner dated 7th April, 2022 within three months from the date of communication of this order after affording reasonable opportunity of hearing to all the interested parties including the petitioner and the private respondent, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereof. With the above observations and directions, the writ petition being WPA 18777 of 2022 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.)