Shyamal Naskar v. State Of West Bengal And ORS.

M/L.57.

January 15, 2025.

KAUSHIK WPA No. 28945 of 2024 Shyamal Naskar Vs.

The State of West Bengal and Others Mr. Sounak Bhattacharya Mr. Chandra Nath Sarkar Mr. Sounak Mondal ... for the petitioner.

Mr. Bhavesh Ganguly Mr. Biswanath Sarkar ... for the State.

Affidavit of Service filed in Court is taken on record.

The grievance of the petitioners is directed against an illegal and unauthorized construction by the private respondents.

It is submitted on behalf of the petitioner that despite a representation dated July 8, 2024, the concerned respondent and more particularly, the Pradhan being the respondent no. 5 has failed to consider and dispose of the same.

The State is represented and submits that they have no instructions in the matter.

In view of the above, WPA 28945 of 2024 is disposed of by directing the respondent no. 2 to consider and dispose of the representation of the petitioners dated July 8, 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 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. 2.

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

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.)