Laxmi Kanta Bhakta v. State Of West Bengal And ORS.

jdt.

18.07.2023 jb.

W.P.A. 22530 of 2022 (Laxmi Kanta Bhakta vs. State of West Bengal & Ors.) Mr. Lalratan Mondal Mr. Dilip Kr. Sadhu .... For the Petitioner On prayer of the petitioner liberty is granted to the petitioner to implead the Sub-Divisional Officer, Panskura , District Purba Medinipur as respondent No. 6 in the writ petition. The cause title of the writ petition be amended accordingly.

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

None appears for the respondents despite service. Mr. Chandi Charan De who is present in Court and usually appears for the State is requested to represent the State in this matter along with a junior of his choice. The appointment of Mr. De, learned advocate and Mr. Anirban Sarkar, learned advocate be regularised by the office of the learned Legal Remembrancer. Copy of the writ petition along with annexure thereto be served upon Mr. De in course of the day.

The petitioner complains that the private respondent has raised unauthorised construction by encroaching upon the Government land belonging to the Irrigation and Waterways Department, Government of West Bengal adjoining his property, thereby obstructing his egress and

ingress. The petitioner seeks to file a comprehensive representation before the concerned authority in this regard and 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 6th respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of with liberty to the petitioner to submit a comprehensive representation before the 6th respondent within 15 days from date. The 6th respondent is directed to consider and dispose of the representation within three months from the date of receipt thereof upon affording reasonable opportunity of hearing to all the interested persons including the petitioner and the private respondent, 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.)