Abdul Aziz Khan And ANR. v. State Of West Bengal And ORS.

10.12.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 24616 of 2023 Abdul Aziz Khan & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Ambu Bindu Chakraborty, Adv.

...for the petitioners Ms. Mitali Mukherjee, Adv.

Ms. Rupsa Chakraborty, Adv.

...for the State The Affidavit of Service filed on behalf of the petitioners be kept with the records.

The grievance of the petitioners is directed against non-consideration of a representation dated September 19, 2023. The petitioners allege that notwithstanding a representation dated September 19, 2023 filed by the petitioners regarding illegal construction by the private respondent, the respondent authority and more particularly, the Prodhan, Pandua Gram Panchayat, being the respondent no. 3 herein, has taken no steps to demolish the same.

The State respondents are represented and do not want to rely on the Police Report, which was received by her from the police authorities.

In view of the above, W.P.A. No. 24616 of 2023 stands disposed by directing the respondent no. 3, being the Prodhan, Pundua Gram Panchayat, to

consider and dispose of the representation of the petitioners dated September 19, 2023 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 concerned parties, in accordance with law and without being influenced by any of the observations or directions made in this order.

It is made clear that there has been no adjudication on the merits of the case and all questions are left open to be decided by the respondent no. 3 strictly in accordance with law. Since no Affidavits have been called for in the matter, it is deemed that none of the allegations made in the writ petition are 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.)