Chandan Kumar Kobi And ORS. v. State Of West Bengal And ORS.

D/L.07.

November 28, 2024.

KAUSHIK WPA No. 19211 of 2024 Chandan Kumar Kobi & Ors.

Vs.

The State of West Bengal and Others Mr. Manish Kumar Das ... for the petitioner.

Mr. Kamal Mishra Mr. Atreya Chakraborty ...for the respondent no. 4.

Mr. Tanmoy Chakraborty Mr. Souvik Das Mr. K. R. Ahmed Mr. Rudranil Das Mr. S. Santra ...for the respondent nos. 5A & 6 Mr. Balaram Neogi ...for the respondent nos. 8 to 10 The grievance of the petitioners is directed against non-consideration of a representation dated May 2, 2024.

It is alleged on behalf of the petitioner that the private respondents have made an illegal construction without obtaining any sanction plan. The private respondents are represented and submit that they have obtained necessary sanctioned plan as well as conversion in accordance with law and there is no illegal construction in respect of the subject premises.

The Pradhan is represented and submits that the private respondent has obtained necessary sanction plans and permission.

In view of the above, there is no question as to why the representation dated as far back as May 2, 2024 has been kept pending.

In view of the above, WPA 19211 of 2024 is disposed of by directing the respondent no. 4 to consider and dispose of the representation of the petitioners dated May 2, 2024 within a period of six weeks from the date of communication of this order to the said respondent after giving a right of hearing to the affected parties including the petitioners, in accordance with law and without being influenced by any observation or direction made in this order.

It is made clear that there has been no adjudication on the merits of the case and all questions are left open to be decided by the respondent no. 4 in accordance with law.

Since no affidavits have been called for, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

There shall be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities. (Ravi Krishan Kapur, J.)