Asit Kumar Bera And ANR v. State Of West Bengal And ORS.

03.04.2024 03.04.2024 Ct. No.10 b.das WPA 28252 of 2023 Asit Kumar Bera & Anr.

Vs.

The State of W.B. & Ors.

Ms. Ananya Mondal Mr. S. Barik ...for the petitioner.

Mr. Dwarika Nath Mukherjee Mr. Manik Lal De ...for the State.

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

None appears for the private respondents despite service.

Heard learned counsels for the parties.

The petitioners claim to be the owners of the plot in question and complain that the private respondents have raised unauthorised construction by encroaching upon government land adjoining their property, thereby obstructing their egress and ingress and blocking the entire drainage system of the property.

The petitioners seek to submit a comprehensive representation before the concerned authority in this regard and pray for direction upon the concerned authority to consider the representation at the earliest. It is submitted on behalf of the State respondents that the 6th respondent be directed to deal with the representation in accordance with law.

In view of the above, the writ petition is disposed of with liberty to the petitioners to submit a comprehensive representation before the 6th respondent within one week from date. The 6th respondent is directed to consider and dispose of the representation within a period of three months from the date of receipt thereof upon affording reasonable opportunity of hearing to all the interested persons including the petitioners and the private respondents, in accordance with law.

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.)