Most Rijiya Bibi v. State Of West Bengal And ORS.

04.04.2023 04.04.2023 Ct. No.10 b.das WPA 20679 of 2022 Mst. Rijiya Bibi Vs.

The State of West Bengal & Ors.

Sk. Rejaul Alam ...for the petitioner.

Mr. Susovan Sengupta Mr. Subir Pal ...for the State.

Mr. Tanmay Basu Mr. Debdip Mandal ...for the respondent Nos.7 to 12.

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

Heard learned counsels for the parties.

The petitioner claims to be the recorded owner of the plot in question and complains that the private respondents have raised illegal construction by encroaching upon a portion of the PWD road adjoining her plot, thereby obstructing her egress and ingress. The petitioner submitted an application before the concerned authority on 1st August, 2022, which is yet to be considered. The petitioner prays for a direction upon the concerned authority to consider the application at the earliest.

It is submitted on behalf of the State respondents that the 5th respondent be directed to consider the

application submitted by the petitioner, 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 application submitted on behalf of the petitioner dated 1st August, 2022 within a period of three months from the date of communication of this order, after granting reasonable opportunity of hearing to all the interested persons including the petitioner and the private respondents, in accordance with law.

With the above observations and directions this writ petition being WPA 20679 of 2022 is disposed of. However, there shall 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.)