Ritam Dutta v. State Of West Bengal And ORS.

April 4, 2024

(717) ARDR WPA 28788 of 2023 Ritam Dutta Vs.

The State of West Bengal & ors.

Adv. Sandeep Sanyal, Adv. Sukanta Das, Adv. Tutun Das, Adv. Chandrachur Lahiri, ...for the petitioner.

Adv. Ayan Banerjee, Adv. Soumo Chadhury, ...for the State.

Affidavit of service filed on behalf of the petitioner is taken on record.

None appears for the private respondents despite service.

The petitioner claims to be the recorded owner of the plot in question and submits that the private respondents have raised unauthorised construction by encroaching upon a portion of the PWD land adjoining his property, thereby obstructing his egress and ingress. The petitioner seeks liberty to submit a comprehensive representation before the concerned authority in this regard and prays for a direction upon the authority to consider the representation at the earliest.

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

In view of the above, liberty is granted to the petitioner to submit a comprehensive representation within

seven days from date. The 3rd respondent is directed to consider and dispose of the representation within three months from the date of receipt thereof upon affording reasonable opportunity of hearing to all the interested persons including the petitioner and the private respondents, in accordance with law.

With the aforesaid 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 have been 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.)