Asit Kumar Koley v. State Of West Bengal And ORS.

29th Dec.,2025 In the High Court at Calcutta Item no.D/L 27 Court No. 07 Pradip, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 29847 of 2025 In the matter of :

Asit Kumar Koley .... Petitioner VS.

The State of West Bengal & Ors.

....Respondents For the Petitioner:

Mr. Sabyasachi Chatterjee Mr. Pintu Karar Mr. Rishabh Ahmed Khan Mr. Sabab Uddin Naskar Ms. Meghna Chowdhury ....Advocates For the State:

Mr. Jahar Dutta Mr. Naren Ghosh Dastidar ....Advocates

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner alleges that the private respondent has illegally installed a deep tube well on the property of the petitioner without obtaining necessary permission from the concerned authority.

3. The petitioner submitted a representation dated 23rd December, 2025 before various authorities including the Executive Engineer, Irrigation Department, Government of West Bengal, Arambagh Irrigation Division being the respondent no. 8 herein.

4. Mr. Chatterjee learned advocate representing the petitioner submits that though the copy of the writ petition was duly forwarded to the respondents but the track report does not disclose that the copy of the

writ petition has been duly served upon the private respondent.

5. Since a representation has been submitted and no decision on such representation has yet been taken, this Court feels that the interest of justice would be sub served if the said representation is directed to be considered upon giving opportunity of hearing to the respective parties.

6. Without entering into the merits of the claim made in the writ petition, WPA 29847 of 2025 is disposed of by directing the Executive Engineer, Irrigation Department, Government of West Bengal, Arambagh Irrigation Division being the respondent no. 8 herein to consider the representation of the petitioner dated 23rd December, 2025 and to dispose of the same by passing a reasoned order after giving a reasonable opportunity of hearing to the petitioner, private respondent or their authorized representative(s) and communicate the reasoned order to the respective parties immediately thereafter.

7. The entire exercise shall be completed as expeditiously as possible but positively within a period of four weeks from the date of receiving a server copy of this order

8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Hiranmay Bhattacharyya, J.)