Jharna Bhanja v. The State Of West Bengal And ORS.

16.01.2025 Sl. No. M/L 86 g.b.

Court No.10 265717 WPA 29590 of 2024 Smt. Jharna Bhanja -Vs- The State of West Bengal & Ors.

Mr. Goutam Saphui Mr. Shouvik Naskar ......For the Petitioner Ms. Sipra Mazumder Ms. Prativa Ghatak .....For the State Mr. Ramchandra Guchhait ...For the Private Respondents Affidavit of Service filed in Court be kept with the records.

The grievance of the petitioner is directed against the non-consideration of a representation dated 3rd December, 2024.

It is submitted on behalf of the petitioner that without obtaining any lawful sanction plan, the private respondents have unlawfully and unauthorizedly carried out the construction work. On behalf of the private respondents it is submitted that they have obtained all necessary permissions and a sanction plan and there is no illegality in the construction work which is being carried out.

On behalf of the State it is submitted that they have no objection if the representation dated 3rd December, 2024 is considered and disposed of. In view of the fact that the representation was filed as far back as on 3rd December, 2024 and has not yet been considered, W.P.A No. 29590 of 2024 is disposed of by directing the respondent no.8 to consider and dispose of the representation of the petitioner dated 3rd December, 2024 within a period of 6 weeks from the date of communication of this order after giving a right of hearing to all the parties. Since no affidavits are called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

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.8 without being influenced by any observation or direction made in this order.

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.)