Kamal Ghorai And ANR. v. State Of West Bengal And ORS.

20.03.2024 20.03.2024 Ct. No.10 b.das WPA 27263 of 2023 Kamal Ghorai & Anr.

Vs.

The State of W.B. & Ors.

Mr. Dyutiman Banerjee Mr. S. K. Maiti ...for the petitioners.

Mr. Soumitra Bandyopadhyay Mr. Srinath Singha Roy ...for the State.

Mr. Tarasankar Samanta ...for respondent nos.10 & 11.

Affidavit of service filed by the petitioners is taken on record.

Heard learned counsels for the parties.

The petitioners claim to be the recorded owners of the plot in question and complain that the private respondents have raised unauthorised construction by encroaching upon land belonging to the Irrigation and Waterways Department, Government of West Bengal, adjoining their plot, thereby obstructing their egress and ingress.

The petitioners submitted a representation in this regard before the concerned authority on 30th October, 2023 which is yet to be considered. The petitioners pray for a direction upon the concerned authority to consider the representation at the earliest.

Learned counsel for the State respondents submits that the 3rd respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representation submitted by the petitioners dated 30th October, 2023 within three months from the date of communication of this order upon affording 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 the 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)