Saranan Adak v. The State Of West Bengal And ORS.

29 29.11.2024

IN THE HIGH COURT AT CALCUTTA

NB Ct. 10 CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 26759 of 2024 Saranan Adak Vs.

The State of West Bengal & Ors.

Ms. Swapna Roy.

...for the petitioner.

Mr. Ansar Mandal ld.AGP., Ms. Srikkha Bhattacharyya.

...for the State.

Affidavit of service filed on behalf of the petitioner be kept with the records.

The grievance of the petitioner is directed against the unauthorised and illegal construction by the private respondents.

It is submitted on behalf of the petitioner that despite the subject premises being located next to a fishery, the private respondents are illegally and unauthorisedly carrying on with construction without any lawful sanction.

The State respondents are represented and submit a police report which suggests that there is no unauthorised nor illegal construction which has been undertaken by the respondent no.6.

The private respondents are not represented nor is any adjournment prayed for on their behalf.

In view of the non-consideration of the representation filed by the petitioner, WPA 26759 of 2024 stands disposed of

by directing the concerned Pradhan being the respondent no.5 to consider and dispose of the above representation within a period of three weeks from the date of communication of this order and after giving a right of hearing to all the affected parties.

It is made clear that there has been no adjudication on the merits of the case and the Pradhan is directed to consider and dispose of the above representation without being influenced by any observation made in this order. Since no affidavit is being called for, the allegations contained in the writ petition are not admitted. (Ravi Krishan Kapur, J.)