Urmila Shaw v. State Of West Bengal And ORS.

27.11.2020 Item No. 31 Court No.5 ap W.P.A. No. 7798 of 2020 (via Video Conference) Urmila Shaw & Anr.

Versus

The State of West Bengal & Ors.

Mr. Mohinoor Rahaman, Ms. Maria Rahaman.

...For the petitioners.

Mr. Soumyajit Das Mahapatra.

...For the private respondent.

Affidavit-of-service filed in Court today be kept on record.

The petitioner no.1 claims to be the owner of a premises located at Baranagar. The petitioner no.1 resides at such premises with her family members. The prayer of the petitioners is that the petitioners be allowed to construct a boundary wall around the premises in question to protect her from unwanted incursion from third parties including the private respondent.

The learned counsel appearing for the petitioners submits that the petitioner no.1 made a representation to the Chairman, Barahanagar Municipality on 8th September, 2020 but the same has not been responded to till date.

The learned counsel appearing for the private respondent submits that there is already a report filed by

the concerned Municipality relating to the disputes raised in this writ petition.

On hearing the learned counsel appearing for the parties, this Court is of the view that W.P.A. No. 7798 of 2020 can be disposed of with a direction on the respondent no.3 being the Chairman, Barahanagar Municipality to dispose of the representation at Annexure - P/4 of the writ petition by hearing all the concerned parties including the private respondent and pass a reasoned order, pursuant to the same, within a period of four weeks from date.

copy of the reasoned order should be communicated to all the concerned parties within a week after such reasoned order is passed.

On the prayer of the learned counsel appearing for the petitioners, the hearing may be attended by an authorized representative of the petitioner no.1, who would be the family member of the petitioner no.1. Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Moushumi Bhattacharya, J.)