Sabyasachi Ganguly v. State Of West Bengal And ORS.

10.12.2024 Ct. No.10 Sws.M W.P.A. 25282 of 2023 Sabyasachi Ganguly -Vs.- The State of West Bengal & Ors.

Mr. Soumik Ganguli ...for the petitioner Mr. Anand Farmania Ms. Rajyashree Mukherjee ...for the State Mr. Samiran Mandal Mr. Abhinaba Dan ...for the private respondent No. 8 The grievance of the petitioner is directed against the alleged unlawful and illegal construction by the private respondent. The petitioner alleges that despite a representation dated 28th August, 2023, the concerned Block Development Officer, being the respondent No. 5 has taken no steps in the matter. The private respondent, being the respondent No. 8 is represented and submits that the petitioner himself is guilty in making an unlawful and illegal construction and there is a written undertaking dated 01.11.2023, made before the respondent No. 7, who is the concerned Pradhan.

In view of the allegations of illegal and unlawful construction on an adjacent portion of land, WPA 25282 of 2023 stands disposed of by directing the respondent No. 5 to consider and dispose of the representation dated 28th August, 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 observation or direction 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. 5 in accordance with law.

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.)