Nilatpal Mondal & ANR v. State Of West Bengal &ORS

30.01.2024 rc/ct.no.10 Item No.25 WPA No. 25974 of 2018 Nilatpal Mondal & Anr.

Versus

The State of West Bengal & Ors.

Mr. Nirmalendu Bera ...for the petitioners Ms. Varsha Roy ...for the respondent nos. 11 and 12 Mr. Rajarshi Basu Mr. S.T.Mina ...for the State Affidavit of service filed in Court today is taken on record.

The petitioners claim to be recorded owners of the plot in question and submit that the private respondents have raised unauthorised construction by encroaching upon a portion of the PWD land adjoining their property, thereby obstructing their ingress and egress.

The petitioners submitted a representation in this regard before the concerned authority on December 06, 2018 which is yet to be considered. The petitioners pray for a direction upon the concerned authority to consider the said representation at the earliest.

It is submitted on behalf of the State-respondents that the 5th respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 5th respondent to consider and dispose of the representation submitted by the petitioners on December

06, 2018 within a period of three months from the date of communication of this order, after giving reasonable opportunity of hearing to all the interested persons including the petitioners and the private respondents, in accordance with law.

With the above observations and directions this writ petition is disposed of.

There shall however be no order as to costs.

Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)