Rinku Mahish v. The State Of West Bengal And ORS.

D/L.22.

January 17, 2025.

KAUSHIK WPA No. 278 of 2025 Smt. Rinku Mahish Vs.

The State of West Bengal and Others Mr. Shamik Chatterjee Mr. Aditya Bikram Mahata Mr. Sahil Kabir ... for the petitioner.

Mr. Animesh Paul Ms. Susmita Ghorai ... for the private respondent.

Mr. Abhishek Banerjee Mr. Debottam Das ... for the State.

The grievance of the petitioner is directed against an alleged unauthorized construction by the private respondents.

It is submitted on behalf of the petitioner that despite a representation dated December 17, 2024, the concerned respondent being the respondent no. 3 has taken no steps in the matter.

The private respondent is represented and submits that the disputes by and between the parties are purely civil in nature and there is no unauthorised construction at the subject premises.

On behalf of the State respondents, it is submitted that they have no objection if the

respondent no. 3 is directed to consider and dispose of the representation of the petitioner dated December 17, 2024 in accordance with law.

In view of the above, WPA 278 of 2025 is disposed of by directing the respondent no. 3 to consider and dispose of the representation of the petitioner dated December 17, 2024 within a period of six weeks from the date of communication of this order to the said respondent and after giving a right of hearing to all the affected parties including the petitioner, 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. 3.

Since no affidavits have been called for, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

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.)