Md. Akhtarul Islam Alias Akhtarul Hossain v. State Of West Bengal And ORS.

22.11.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 26050 of 2024 Md. Akhtarul Islam alias Akhtarul Hossain Vs.

The State of West Bengal & Ors.

Mr. Partha Pratim Roy, Ms. Poulami Chakraborty ...for the petitioner Mr. Tapas Kumar Adhikari, Mr. Tapas Chatterjee ...for the State The grievance of the petitioner is directed against the alleged illegal and unauthorized construction by the private respondents. It is submitted on behalf of the petitioner that despite having filed a representation as far back as in February, 2024, the State respondents, more particularly, the Pradhan, being the respondent no. 3 herein, has failed to take any step to dispose of the said representation.

The State is represented and submits that there are several disputes by and between the petitioner and the private respondents. However, the State has no objection if the respondent no. 3 is directed to consider and dispose of the representation of the petitioner.

The private respondents remain unrepresented, despite service.

In view of the submissions made on behalf of the parties, W.P.A. No. 26050 of 2024 stands disposed of by directing the respondent no. 3 to consider and dispose of the representation of the petitioner within a period of eight weeks from the date of communication of this order to the said respondent after giving a right of hearing to all the parties, in accordance with law and without being influenced by any of the directions and observations 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. There will 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.)