Sahina Aktar Banu v. The State Of West Bengal And ORS.

November 25, 2022 Sl. No. 8 Court No.1 s.biswas WPA (P) 560 of 2022 Sahina Aktar Banu vs.

The State of West Bengal and others Mr. Sarwar Jahan, Mr. Amanul Islam, Mr. Sourav Mukherjee, Advocates ... for the petitioner Mr. Jahar Lal De, Mr. Supratim Dhar, Advocates ... for the State Mr. Soumya Mukherjee, Advocate ... for the WBPCB Md. Sabir Ahmed, Mr. Biswajit Sarkar, Advocates ... for the respondent Nos.13 to 17 In this public interest petition the allegation of the petitioner is that the private respondent Nos.13 to 17 have illegally set up a brick field and in the unauthorized manufacturing process of bricks they are destroying topsoil of agricultural land that causes damage of crops. Further allegation is that the brick field is situated near the school, therefore the students are suffering.

Submission of learned counsel for the petitioner is that though the representation dated 12.08.2022 was made to the respondent No.12 (The Pradhan, Narayanpur Gram Panchayat-II), but no action has been taken.

Learned counsel for the State has pointed out that the competent authority to consider the representation is the respondent No.6 (The Additional District Magistrate and District Land & Land Reforms Officer, Nadia). He submits that if the petitioner files

WPA (P) 560 of 2022 proper representation before the respondent No.6, he will duly look into it.

Hence, we dispose of the present petition granting liberty to the petitioner to file proper representation before the respondent No.6, who on receipt of the same will duly consider the petitioner's grievance and give an opportunity of hearing to all the concerned parties, if required and will take a decision in accordance with law as expeditiously as possible preferably within a period of 3 months from the date of receipt of the representation.

(Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)