Pradip Mazumdar And ORS. v. State Of West Bengal And ORS.

ML-399 27.10.2025 AGM

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 24784 of 2024 Pradip Mazundar & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Kartick Kumar Bhattacharya.

Mr. Subhas Chandra Dutta.

Ms. Soumashree Dutta.

Ms. Papiya Naskar.

... For the petitioners.

Mr. T. B. Saha.

... For the respondent nos. 7 to 8.

1. Affidavit-of-service filed in Court today is kept with the records.

2. Leave granted to the learned advocate for the private respondents to file vakalatnama in the department in course of tomorrow (28.10.2025).

3. The petitioners allege that the private respondents have made unauthorised and illegal construction over Government plot of land.

4. A representation for removal of the unauthorised and illegal construction made over the public road is pending consideration with the respondent authority.

5. Prayer has been made to direct the authority to consider the objection filed by the petitioners.

6. Learned advocate representing the private respondents submits, upon instruction that, the construction made by the private respondents are not in front of the land of the petitioners. There is, however, no denial

as to whether the construction is over public road or not.

7. Upon hearing the parties, the instant writ petition is disposed of by directing the Assistant Engineer, being the respondent no.

3 herein to consider and dispose the representation filed by the petitioners strictly in accordance with law after giving reasonable opportunity of hearing to all the necessary parties and by passing a reasoned order at the earliest but positively within a period of twelve weeks from the date of communication of this order.

8. If the grievance of the petitioners appears to be proper, then necessary remedial steps shall be taken by the authority.

9. Learned advocate for the petitioners is directed to forward copy of the subject representation to the aforesaid respondent at the time of communicating the order of the Court.

10. The writ petition stands disposed of.

11. Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities.

(Amrita Sinha, J.)