Srimanta Paramanik v. State Of West Bengal And ORS.

Sl. No.02.

27.01.2025 Suman Ct. 15 WPA 19761 of 2023 Sri Srimanta Paramanik Vs.

The State of West Bengal and Ors.

Mr. Amit Bikram Mahata ..for the petitioner Ms. Sucharita Roy Mr. Chandan Kumar Mondal ..for the State Mr. Pratip Kumar Chatterjee Mr. Asish Deb Ms. M. Chatterjee ..for respondent nos. 8 and 9.

The petitioner alleges that unauthorised construction has occurred at the premises located at Plot No. 471, Khatian No. 1579, J.L. No. 086, Mouza Nandarampur, District Purba Medinipur, at the behest of respondents no. 8 and 9.

In response, respondents no. 8 and 9 deny these allegations and claim that they had previously submitted an application for a sanctioned plan to the Municipality, and therefore, the plan should be considered as having been sanctioned. Furthermore, respondents no. 8 and 9 indicate that they have already deposited the requisite fees for the sanctioned plan.

Annexure P-2 attached to the present writ petition reveals that the Haldia Municipality issued a notice to both the petitioner and respondents no. 8 and 9 on May 21, 2022, requesting them to provide the necessary documentation. It appears that the Municipality is yet to take decision in this matter. In view of these circumstances, I hereby direct the Haldia Municipality to conclude the proceedings arising from the notice dated May 21, 2022, in accordance with law, after providing both the petitioner and respondents no. 8 and 9 an opportunity for a hearing. This process should be completed within three months from the date of this order.

Accordingly, WPA 19761 of 2023 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)