Arun Kumar Das 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. 24869 of 2023 Arun Kumar Das & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Debasis Sur, Adv.

Mr. Hare Krishna Halder, Adv.

...for the petitioners Mr. Rajarshi Basu, Adv.

Mr. Parikshit Goswami, Adv.

...for the State The grievance of the petitioners is directed against an alleged illegal construction. It is submitted on behalf of the petitioners that the respondent authorities are unauthorizedly and illegally trying to evict the petitioner.

The State is represented and submits that they have no objection if the representation filed by the petitioners be considered in accordance with law by the respondent no. 7.

In view of the above, W.P.A. No. 24869 of 2023 stands disposed by granting liberty to the petitioners to file a representation with the respondent no. 7, being the Prodhan, Saguna Gram Panchayat, within a period of four weeks from the date of passing this order.

If such a representation is made and received by the respondent no. 7, the respondent no. 7 shall

consider and dispose of the same 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.

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. 7 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.)