Tarun Kumar Adak And ORS v. State Of West Bengal And ORS.

27.09.2022 WPA(P)/487/2022 TARUN KUMAR ADAK AND ORS.

VS THE STATE OF WEST BENGAL AND ORS.

gd/ssd Mr. Sarwar Jahan, Ms. Pritikana Gantait, Mr. Sudipta Maiti, Mr. Maidul Islam Kayal ..for the Petitioners.

Mr. Jahar Lal De, Mr. Rudranil De ..for the State.

The issue raised in this public interest petition by the inhabitants of villages under Gokulnagar Gram Panchayat is that the villagers are using the government embankment from the land of Subhas Chandra Adak to the land of Sudhir Bhowmick as the village road and in the year 2014 a project was approved under the Panchayat Body under NREGA Scheme to improve the said road and the road was accordingly converted to a Moram Road for the benefit of public at large.

The allegation in the petition is that some greedy persons have created Bhery/Fisheries on both sides of said road and they have dumped earth on both sides and, therefore, the entire road has become completely unusable and prone to accidents.

When the matter is taken up today, the learned

counsel for the petitioners has pointed out that the petitioners have already submitted the representation dated 23.12.2021 to the respondent no.3 i.e. District Magistrate, Purba Medinipur, but the said representation has not been decided till now. Learned counsel for the State has fairly submitted that there is no objection in considering the petitioners' representation dated 23.12.2021.

Hence, we dispose of the present petition by directing the respondent no.3 to duly consider the petitioners' representation dated 23.12.2021 and take appropriate action in accordance with law, after giving an opportunity of hearing to all the concerned parties including the representatives of the petitioners, as expeditiously as possible preferably within a period of four months from the date of receipt of a copy of this order.

The petition is accordingly disposed of.

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

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