Suman Kalyan Chowdhury v. The National Highway Authority Of India (Nhai) And ORS

25.08.2023 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 23135 of 2022 Sri Suman Kalyan Chowdhury Vs.

The National Highway Authority of India (NHAI) & Ors.

Mr. Srikanta Paul, Mr. Debansu Nandi ...for the petitioner Ms. Manika Roy ...for the NHAI The simple prayer of the petitioner is for consideration of a representation filed by the petitioner to the respondent-authorities.

Learned counsel appearing for the National Highway Authority of India (NHAI) submits that the construction-in-question is not being undertaken by the NHAI but by the respondent no. 2, that is, the Executive Engineer, National Highway DivisionIII, Public Works (Road) Directorate. It is seen that the representation has been given to the District Magistrate, Bankura, the NHAI, the Superintendent of Police, Bankura and the Officer-in-Charge of the local police station.

However, since the petitioner restricts the prayer to a consideration by the District Magistrate only,

W.P.A. No. 23135 of 2022 is disposed of by directing the respondent no. 4, that is, the District Magistrate, Bankura, to consider the representation of the petitioner, dated December 16, 2021, annexed at page 35 of the writ petition, at the earliest, preferably within a fortnight from the date of communication of this order to the said respondent. Immediately thereafter, the decision taken by the District Magistrate shall be communicated to the petitioner in writing.

It is made clear that the rights and contentions of the parties have not been gone into by this Court.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)