Ashim Gupta v. State Of West Bengal & ORS

April 11, 2022 Court No.1.

AD-51 SG with CAN 1 of 2022 Ashim Gupta and others -versus- The State of West Bengal and others Mr. T.B. Saha, Advocate ... for petitioners.

Mr. Tapan Kumar Mukherjee, Mr. Nilotpal Chatterjee, Advocates ... for the State.

Mr. Naba Kumar Das, Advocate ... for CESC.

The grievance of the petitioner in this petition is that respondent Nos.7 and 8 have set up a shop room over the Municipal drain in Panihati Municipality at North Station Road, Agarpara Post Office, Agarpara, in front of the apartment of Nilima Bhawan and opposite to the Vivekananda Vidyamandir. It has also been pointed out that due to the construction of the said shop over the public drain, the local inhabitants are facing inconvenience.

When the matter is taken up today, learned counsel for petitioners has pointed out that the representation dated 16.07.2016 in the form of legal notice had been sent to respondent No.3 but no action has been taken till now.

Learned counsel for respondent No.6 has informed that in pursuance to the order of this Court dated 23.09.2016 electricity connection to

the shop in question was withdrawn in September, 2016.

In the aforesaid circumstances, we direct respondent No.3 to duly consider petitioners' representation dated 16.07.2016 and take action after giving an opportunity of hearing to the concerned parties in accordance with law.

Let the exercise be completed within a period of two months from the date of receipt of a copy of this order.

Accordingly WPA 19440 of 2016 along with CAN 1 of 2022 is disposed of.

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

(Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)