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Calcutta High CourtWPA/28103/2024disposed

Samarendra Nath Das v. The State Of West Bengal And ORS.

2024-12-02Hon'Ble Justice Ravi Krishan Kapur3 pages

2.12.24 WPA 28103 of 2024 Samarendra Nath Das Vs.

The State of West Bengal & Ors.

Mr. Kishore Mukherjee Mr. A. Dey Mr. S. Biswas ... For the Petitioner. Ms. Sipra Mazumdar Ms. S. Dey ... For the State.

Mr. Tapas Kumar Banerjee Mr. T. Talukder Mr. S. Chakraborty .... For the Respondent Nos. 7-10. The grievance of the petitioner is directed against non-consideration of a representation dated 22nd October, 2024 addressed to the District Magistrate being the respondent No. 2 herein.

It is submitted on behalf of the petitioner that the respondent no. 2 has failed to take any action in respect of the representation which was filed as far back as on October, 2024.

It is further submitted on behalf of the petitioner that there has been illegal and unauthorized construction which taken place at the subject premises without any sanction or authority of law.

S.D.

The private respondents are represented and submit that necessary permission and sanction has been taken in respect of the impugned construction and there

has been no infraction any kind whatsoever.

It is further contended on behalf of the private respondent that the allegations made in the writ petition are without any basis and there is no merit in the same. The State respondent is represented and does not object to the prayer for consideration of the representation.

In view of the above, WPA 28103 of 2024 stands disposed of by directing respondent no. 2 to consider and dispose of the representation dated 22nd October, 2024 within a period of six weeks from the date of communication of this order after giving notice to all the affected and in accordance with law.

It is made clear that there is no adjudication on the merits of the case and the respondent no. 2 is to act strictly in accordance with law without being influenced by any observation and after hearing all the parties. (Ravi Krishan Kapur, J.)