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Calcutta High CourtWPA/8447/2020dismissed for default

Siraj Ali Khan v. State Of West Bengal

2021-07-16Hon'Ble Justice Rajasekhar Mantha2 pages

20.07.2021 Ct. No.13 Sl. No.44 pk/akd W.P.A. 8447 of 2020 [via video conference] [Siraj Ali Khan -Vs- The State of West Bengal & Ors.] Mr. Biswabrata Basu Mullick Mr. Pradip Pal ... ... for the petitioner The petitioner complains that the private respondent no.11 had encroached upon the PWD land and has set up a barber shop that has the effect of preventing free ingress and egress out of his plot of land. Complaints have been made to the PWD and the local police which have not been considered till date.

Despite service of notice, respondents are not represented.

Since the order proposed to be passed is unlikely to prejudice any side, further service on the respondents is not desired.

The Assistant Engineer, PWD (Roads), Digri SubDivision, Office at Satbankura (Chandrakona Road), Dist.: Paschim Medinipur is directed to consider the representation of the petitioner dated 13th July, 2020 in accordance with law after giving due notice to the writ petitioner and the private respondent no.11. A reasoned order may be passed by the PWD (Roads). If it is however, found that the construction by the private respondent no.11 is unauthorised, steps may be taken under the relevant Statute in accordance with law expeditiously by the PWD (Roads).

The petitioner shall communicate a copy of this order to the respondents within a period of one week from date. The respondent no.5 shall dispose of the representation of the writ petitioner within a period of three months from the date of communication of a copy of this order. With the aforesaid directions, the writ petition is disposed of.

There shall be no order as to costs.

All parties are to act on a server copy of this order duly downloaded from the official website of this court. (Rajasekhar Mantha, J.)