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Calcutta High CourtWPA/19329/2023disposed

Priyanka Kuilya v. State Of West Bengal And ORS.

2024-03-01Hon'Ble Justice Suvra Ghosh2 pages

01.03.2024 01.03.2024 Ct. No.10 b.das WPA 19329 of 2023 Priyanka Kuilya Vs.

The State of W.B. & Ors.

Mr. Salil Kr. Maiti Ms. Dolon Samanta ...for the petitioner.

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 the matter. His appointment be regularized by the office of the learned Legal Remembrancer.

The petitioner should serve copy of the writ petition along with all annexures thereto to Mr. De in course of this day.

On prayer of the petitioner liberty is granted to implead the Savapati, Purba Medinipur Zilla Parishad, Ganapatinagar, Purba Medinipur as respondent no.12 in the writ petition. The cause title of the writ petition be amended accordingly.

Heard learned counsels for the parties.

The petitioner claims to be the recorded owner of the plot in question and submits that the private respondents have raised unauthorised construction by encroaching upon government land belonging to the Zilla Parishad

adjoining her property, thereby obstructing her egress and ingress.

The petitioner seeks to submit a comprehensive representation before the concerned authority and prays for direction upon the concerned authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 6th respondent be directed to deal with the representation, in accordance with law.

In view of the above, the writ petition is disposed of with liberty to the petitioner to submit a comprehensive representation before the 6th respondent within one week from date. The 6th respondent is directed to consider and dispose of the representation within a period of three months from the date of receipt thereof upon affording reasonable opportunity of hearing to all concerned including the petitioner and the private respondents, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. 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.)