Subimal Chakravarti v. State Of West Bengal & ORS

1st May, (AK) W.P.A 21762 of 2018 Subimal Chakravarti Vs.

The State of West Bengal and others Mr. Aniirban Mitra Md. Wasim Akram ...for the petitioner.

Despite service, none appears for the WBSEDCL at the time of call.

Affidavit-of-service filed in court today be kept on record.

Learned counsel for the petitioner places reliance on Annexure-P3 at page-46 of the writ petition, which is a communication dated December 20, 2017 made by the Divisional Manager, Haldia Division of the WBSEDCL intimating the petitioner that the erection of the works, pertaining to which the petitioner has a grievance on the ground that a pole is being installed on the petitioner's land, is being done by the National Highway Division No. II, Public Works (Roads) Directorate, for which the petitioner was requested to contact the said department. Subsequently the petitioner has intimated his grievance to the said respondents, being the PWD, vide communication dated July 5, 2018.

However, till date no action has been taken by the respondents thereon.

Thus, it would be premature to adjudicate the merits of the dispute of the petitioner at this juncture. Hence, WPA 21762 of 2018 is disposed of by directing the respondent nos. 2 to 6 to decide the representation given by the petitioner, a copy of which is annexed at page-48 (Annexure-P4) of the writ petition, upon giving an opportunity of hearing to the petitioner and all other interested parties, as expeditiously as possible, positively within eight weeks from the date of communication of this order to the said respondents by the petitioner.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)