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Calcutta High CourtWPA/19951/2019disposed

Sanjib Mondal v. State Of West Bengal & ORS

2022-06-29Hon'Ble Justice Suvra Ghosh2 pages

29.06.2022 29.06.2022 Ct. No.10 b.das WPA 19951 of 2019 Sanjib Mondal Vs.

The State of W.B. & Ors.

Mr. Samim-ul-Bari Md. Hasanuz Zaman ...for the petitioner.

Ms. Chhama Mukherjee Ms. Karabi Roy ...for the State.

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

Heard learned counsels for the parties.

The petitioner claims to be the recorded owner of the property in question and has alleged that the private respondents are trying to raise illegal construction by encroaching upon a portion of the P.W.D. Highway, thereby obstructing the egress and ingress of the petitioner. The petitioner submitted several representations before the concerned authority in this regard which are yet to be disposed of. The petitioner prays for a direction upon the authority to consider the representations submitted by the petitioner at the earliest.

Learned counsel for the State Respondents submits that the representation of the petitioner may be directed to be considered by the 7th respondent, in accordance with law.

Upon consideration of the submissions made on behalf of the parties and material on record, the writ petition is disposed of directing the 7th respondent to consider and dispose of the representation submitted by the petitioner dated 2nd February, 2018, within two months from the date of communication of this order after giving reasonable opportunity of hearing to all the interested parties including the petitioner and the private respondents, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. With the above observations and directions, the writ petition being WPA 19951 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.)