Amiya Bhowmick And ORS. v. The State Of West Bengal And ORS.

M/L.14.

December 02, 2024.

KAUSHIK WPA No. 27885 of 2024 Sri Amiya Bhowmick & Ors.

Vs.

The State of West Bengal and Others Mr. Surajit Sen Mr. Tapas Singha Roy ... for the petitioner.

Ms. Mekhla Sinha Ms. Malabika Roy Dey ... for the Howrah Zilla Parishad.

Mr. Sabyasachi Chatterjee Mr. Badrul Karim Mr. Sarajit Roy Ms. Monalisha Sinha ...for the respondent no. 8.

The grievance of the petitioners is directed against non-consideration of a representation dated November 4, 2024.

The petitioner alleges that there is illegal and unauthorized construction being carried out by the private respondent and without any authority or sanction of law.

The State respondents are represented and submit that they have no objection if the respondent no. 4 is directed to consider and dispose of the representation of the petitioner dated November 4, 2024 in accordance with law. The private respondents are represented and submit that the disputes are purely civil in

nature and there is neither illegal not unauthorized construction taking place at the subject premises.

In view of the above, WPA 27885 of 2024 is disposed of by directing the respondent no. 4 to consider and dispose of the representation of the petitioners dated November 4, 2024 within a period of six weeks from the date of communication of this order to the said respondent and after giving a right of hearing to all the affected parties including the petitioners, 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. 4.

Since no affidavits have been called for, the allegations contained in the writ petition are deemed to have not been 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.)