Calcutta High CourtWPA/19509/2022disposed

Padma Kumar Bhunia v. State Of West Bengal And ORS.

2022-09-28Hon'Ble Justice Suvra Ghosh2 pages

September 28, 2022 ARDR (42) WPA 19509 of 2022 Padma Kumar Bhunia Vs.

The State of West Bengal & Ors.

Mr. Binoy Kumar Das, Ms. Sabera Khatun, ...for the petitioner.

Mr. Chandi Charan De, Ms. Reshmi Rahaman, ...for the State.

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

None appears for the respondents, despite service. Mr. Chandi Charan De, who usually appears for the State and is present in Court, is requested to represent the State in this matter.

His appointment be regularised by the office of the Legal Remembrancer.

The petitioner is directed to serve a copy of the writ petition along with annexures thereto upon Mr. De in course of this day.

The petitioner complains of unauthorised construction raised by the private respondents by encroaching upon PWD road adjoining his property, thereby obstructing his ingress and egress. The petitioner submitted a representation in this regard before the concerned authority on 3rd August, 2022 which is yet to be considered. The petitioner prays for a direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 5th respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 5th respondent to consider and dispose of the representation submitted by the petitioner dated 3rd August, 2022 within three months from the date of communication of this order after affording reasonable opportunity of hearing to all the interested persons including the petitioner and the private respondents, in accordance with law.

With the aforesaid directions, WPA 19509 of 2022 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 furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J.)