Sk. Yeakub Ali v. State Of West Bengal And ORS.

D/L.11.

November 29, 2024.

KAUSHIK WPA No. 23520 of 2024 Sk. Yeakub Ali Vs.

The State of West Bengal and Others Mr. Milan Bhattacharya Mr. Goutam Banerjee Ms. Sulagna Bhattacharya (Bagchi) Ms. Priya Dey ... for the petitioner.

Mr. Bikramjit Mondal ...for the State.

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

The grievance of the petitioner is directed against refusal of the concerned respondent authorities to give permission for construction of a new building.

It is alleged on behalf of the petitioner that despite repeated representations made to the concerned statutory authorities, there has been no response till date.

It is further submitted on behalf of the petitioner that the application for permission to erect the subject construction was filed as far back as on August 12, 2024 and there has been no response to the same.

On behalf of the State respondent it is submitted that there is a civil suit pending by and

between the petitioner and the private respondent. Moreover, the permission which is sought for by the petitioner can only be through an application on the online government portal. In view of the fact that the representation was filed as far back as on August 12, 2024 and has not yet been disposed of, WPA 23520 of 2024 is disposed of by directing the respondent no.

to consider and dispose of the representation of the petitioners dated August 12, 2024 within a period of six weeks from the date of communication of this order to the said respondent 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 all questions are left open to be decided by the respondent no. 4 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.)