Bhabani Shankar Pradhan v. State Of West Bengal 7 ORS

28.09.2022 28.09.2022 Ct. No.10 b.das WPA 18983 of 2019 Bhabani Shankar Pradhan Vs.

The State of W. B. & Ors.

Mr. K. Deo Das Mr. Balaram Pandit ...for the petitioner.

Mr. Chandi Charan De Ms. S. Bhattacharya ...for the State.

Affidavit of service and supplementary affidavit filed on behalf of the petitioner are taken on record. Heard learned counsels for the parties.

The grievance of the petitioners is that the private respondent is raising unauthorised construction by encroaching upon a portion of the PWD Road adjacent to the land of the petitioner thereby obstructing his egress and ingress.

The petitioner submitted a representation in this regard before the concerned authority on 25th March, 2019, which is yet to be disposed of. The petitioner prays for direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 3rd respondent may be directed to consider the representation, in accordance with law.

In view of the above, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representation submitted by the petitioner dated 25th March, 2019 within three months from the date of communication of this order after affording reasonable opportunity of hearing to all the interested parties including the petitioner and the private respondents, in accordance with law.

With the above observations and directions, the writ petition being WPA 18983 of 2019 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.)