Surajit Sahoo v. State Of West Bengal And ORS.

jdt.

13.02.2023 jb.

W.P.A. 22195 of 2022 (Surajit Sahoo vs. State of West Bengal & Ors.) Mr. Apurba Krishna Das Mr. Kallol Kr. Maity Ms. Anindita Banerjee .... For the Petitioner Mr. Chandi Charan De Mr. Anirban Sarkar .... For the State Affidavit of service filed on behalf of the petitioner is taken on record.

None appears for the private respondents despite service.

The petitioner claims to be recorded owner of the plot in question and submits that the private respondents have raised unauthorised construction by encroaching upon a portion of the P.W.D. road adjoining his plot, thereby obstructing his egress and ingress. The petitioner submitted a representation in this regard before the concerned authority on 31st August, 2022 which is yet to be considered. The petitioner prays for a direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 5th respondent be directed to consider and dispose of the representation, in accordance with law. In view of the above, the writ petition is disposed of directing the 5th respondent to consider and dispose

of the representation submitted by the petitioner dated 31st August, 2022 within three months from the date of communication of this order upon affording reasonable opportunity of hearing to all the interested persons including the petitioner and the private respondents, in accordance with law.

The writ petition is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

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

(Suvra Ghosh, J.)