Nanda Dulal Jhulki And ANR v. State Of West Bengal And ORS.

23.02.2024 23.02.2024 Ct. No.10 b.das WPA 19102 of 2023 Nanda Dulal Jhulki & Anr.

Vs.

The State of W.B. & Ors.

Mr. Salil Kr. Maiti Mr. Dyutiman Banerjee Ms. Pinki Saha ...for the petitioners.

Mr. Soumitra Bandyopadhyay Mr. Subrata Guha Biswas ...for the State.

Mr. Tanoy Chakraborty Mr. Chhandak Dutta ...for private respondents.

Affidavit of service filed by the petitioners is taken on record.

Heard learned counsels for the parties.

The petitioners claim to be the recorded owners of the plot in question and submit that the private respondents have raised unauthorised construction by encroaching upon a portion of the PWD road adjoining their plot, thereby obstructing their egress and ingress. The petitioners submitted a representation in this regard before the concerned authority on 19th June, 2023 which is yet to be considered. The petitioners pray for a direction upon the concerned authority to consider the representation at the earliest.

Learned counsel for the State respondents submits that the 3rd respondent be directed to consider the representation in accordance with law.

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 petitioners dated 19th June, 2023 within three months from the date of communication of this order upon affording reasonable opportunity of hearing to all the interested persons including the petitioners and the private respondents, in accordance with law.

With the above observations and directions the writ petition is disposed of.

There shall, however, 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.)