Kalyani Chakraborty v. State Of West Bengal & ORS

July 12, 2021 ARDR (51) WPA 23508 of 2019 Kalyani Chakraborty Vs.

The State of West Bengal & Ors.

Mr. Sarbananda Sanyal, Mr. Anirban Das, ...for the petitioner.

Mr. Susovan Sengupta, ...for the State.

The grievance of the petitioner is directed against an unlawful and illegal construction by the private respondent on the embankment which belongs to the State.

It is submitted on behalf of the petitioner that the petitioner has made a representation appearing at page 17 (Annexure P/3 to the petition) to the SubDivisional Officer, Berhampore being the respondent no.4 herein and the same has not yet been considered nor disposed of.

Mr. Sengupta appearing on behalf of the State respondents submits that he has no objection if a direction is passed on the respondent no.4 to dispose of the aforesaid representation of the petitioner in accordance with law.

In view of the submissions made on behalf of the parties, I direct the respondent no.4 to dispose of the representation appearing at Annexure P/3 of the

petition (page 17) within a period of eight weeks from date of communication of this order and after giving a right of hearing to the petitioner, the concerned State respondent and the private respondent.

It is made clear that I have not gone into the merits of the controversy and the respondent no. 4 is directed to dispose of the representation in accordance with law without being influenced by any observation or finding contained in this order.

The respondent no.4 is directed to communicate the final decision on the representation of the petitioner within a period of two weeks from taking the same.

With the aforesaid directions, WPA 23508 of 2019 is disposed off.

(Ravi Krishan Kapur, J.)