Lakshmi Kanta Das v. The State Of West Bengal And ORS.

M/L 177 06.05.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 21561 of 2024 Lakshmi Kanta Das Vs.

The State of West Bengal & Ors.

Mr. Jagabandhu Roy Mr. Radhasyam Maiti ...for the Petitioners.

Mr. Jayanta Samanta, Jr. Govt. Adv Mr. Keshab Chandra Das ...for the State.

Mr. Manoranjan Jana Ms. Mitali Jana ...for the Private Respondents.

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner alleges that the public road has been encroached upon by the private respondents. The representation filed by the petitioner is alleged to be kept pending.

3. On a perusal of the alleged representation annexed to the writ petition, it appears that there is no proof of service of the same upon the respondent authority.

4. In view of the above, leave is granted to the petitioner to file a comprehensive representation highlighting all illegalities and submit the same before the Executive Engineer, Public Works Department, Diamond Harbour, Highway Division, Diamond Harbour within a fortnight from date.

5. On receipt of the representation, the aforesaid respondent shall take necessary steps to consider the same in accordance with law after giving a reasonable opportunity of hearing to all the

necessary parties and by passing a reasoned order at the earliest but positively within a period of eight weeks from the date of receipt of such representation.

6. A reasoned order shall be passed and communicated to all the parties immediately thereafter.

7. The writ petition stands disposed of.

8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities.

(Amrita Sinha, J.)