Asura Bibi @ Asura Mondal v. The State Of West Bengal And ORS.

D/L.03.

November 29, 2024.

KAUSHIK WPA No. 22536 of 2024 Asura Bibi @ Asura Mondal Vs.

The State of West Bengal and Others Mr. Mohinoor Rahaman Mr. Iqra Rahaman ... for the petitioner.

Mr. K. J. Yusuf Mr. Sanjoy Mukherjee ...for the State.

Affidavit of Service filed by the petitioner be kept with the records.

The grievance of the petitioner is directed against illegal and unauthorized construction by the private respondent.

It is alleged on behalf of the petitioner that despite a civil suit pending between the private parties and an order of status quo, the private respondents are illegally and unauthorisedly carrying on construction at the subject premises. The Block Development Officer (BDO) is represented.

A communication dated September 12, 2024 is filed on behalf of concerned BDO. A signed report has also been filed by the concerned BDO which suggests that illegal construction is taking place and despite the Pradhan of the concerned Gram Panchayat being informed, no action has taken place in respect thereof.

In view of the fact that the representation was filed as far back as on August 1, 2024 and has not yet been disposed of, WPA 22536 of 2024 is disposed of by directing the respondent no.

to consider and dispose of the representation of the petitioners dated August 1, 2024 within a period of six weeks from the date of communication of this order to the said respondent and after giving a right of hearing to the affected parties including the petitioners, in accordance with law and without being influenced by any observation or direction made in this order.

It is made clear that there has been no adjudication on the merits of the case and all questions are left open to be decided by the respondent no. 6 in accordance with law.

Since no affidavits have been called for, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

There shall be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities. (Ravi Krishan Kapur, J.)