Namita Samanta v. State Of West Bengal & ORS

19.03.2021.

d.p.

W.P.A. 21512 of 2019 (Via Video Conference) Smt. Namita Samanta -versus The State of West Bengal & Ors.

Mr. Nilanjan Adhikari, Ms. Sreya Chakraborty.

...For the Petitioner.

Mr. Triptimoy Talukdar, Mr. Shamba Chakraborty.

...For the Municipality.

The grievance of the petitioner is that the private respondents are making construction over her plot of land upon obtaining sanction from the Konnagar Municipality.

The learned advocate appearing for the private respondents submits that there is a mutual understanding in between the parties who happen to be brothers and sisters and there are talks of exchange of the plots which were allotted to them in terms of the partition deed. It has been submitted that private respondents are making construction after obtaining the consent from the petitioner and on the basis of the plan sanctioned in their favour by the Municipality. The learned advocate appearing for the Municipality submits that a plan has been sanctioned in favour of the private respondents for making construction over the disputed plot of land.

It appears that the petitioner has never ventilated her grievances before the Municipality for taking necessary action in the matter.

Accordingly, the instant writ petition is disposed of by granting liberty to the petitioner to approach the Konnagar Municipality with her grievances by making a composite representation along with all supporting documents.

In the event such a representation is made, the Municipality shall consider the same strictly in accordance with law, after giving an opportunity of hearing to the petitioner and all other necessary parties. The Municipality shall pass a reasoned order and communicate the same to the parties.

WPA 21512 of 2019 stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)