Gopal Bhuin v. State Of West Bengal And ORS.

19.12.2024 Ct. No.10 Sws.M W.P.A. 29135 of 2023 with CAN 1 of 2024 Gopal Bhuin -Vs.- The State of West Bengal & Ors.

Mr. Salil Kumar Maiti Ms. Dolan Samanta ...for the petitioner Mr. Anand Farmania Ms. Indumouli Banerjee ...for the State Affidavit of Service filed in Court today be kept with the records.

The grievance of the petitioner is directed against the non-consideration of a representation dated 1st May, 2023 alleging illegal and unauthorised construction. It is submitted on behalf of the petitioner that despite filing the representation as far back as on 2023, the concerned Pradhan being the respondent No. 4 has taken no steps whatsoever. On behalf of the State, it is submitted that the concerned authority who shall take a decision on the representation of the petitioner is concerned, is the respondent No. 4.

In view of the above, WPA 29135 of 2023 along with connected application being CAN 1 of 2024 stand disposed of by directing the Pradhan, being the respondent No. 4 to consider and dispose of the representation dated 1st May, 2023 within a period of six weeks from the date of communication of this

order to the said respondent after giving a right of hearing to all the affected parties, 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. 4 in accordance with law.

There shall be no order as to costs.

Since affidavits have not been invited, the allegations made in the writ petition are deemed not to have been admitted.

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.)