Basudev Haler v. State Of West Bengal And ORS.

jdt.

11.03.2022 jb.

W.P.A. 21364 of 2021 (Basudeb Halder vs. State of West Bengal & Ors.) Mr. Lakshminath Bhattacharya ... For the Petitioner Affidavit-of-service filed on behalf of the petitioner is taken on record.

None appears for the State respondents despite service of notice.

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 learned Legal Remembrancer.

It is contended on behalf of the petitioner that the petitioner acquired title in respect of the plot in question by virtue of purchase and the petitioner and the other sebaits have set up a temporary construction with Tin shed for the purpose of temporary temple therein. The petitioner has alleged that for the purpose

of implementation of Government scheme the respondent Authorities have attempted to construct a road through the property of the petitioner by demolishing the temple constructed therein without acquiring the said plot. The petitioner submitted a representation ventilating his grievance before the Authority on 16th December, 2021 which is yet to be disposed of. The petitioner prays for a direction upon the Authority to consider the representation at the earliest.

Upon consideration of the submissions made on behalf of the parties and material on record, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the representation submitted by the petitioner dated 16th December, 2021 within a period of two months from the date of communication of this order after affording reasonable opportunity of hearing to all the interested parties including the petitioner, in accordance with law. The decision taken by the Authority shall be communicated to the petitioner within a week thereof.

W.P.A. 21364 of 2021 is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)