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Calcutta High CourtWPA/11928/2020disposed

Namita Debi Alias Shaw v. State Of West Bengal And ORS.

2021-01-18Hon'Ble Justice Amrita Sinha2 pages

18.1.2021 ks WPA 11928 of 2020 Smt. Namita Debi @ Shaw Vs.

The State of West Bengal & Ors.

Mr. Animesh Paul, Ms. Fatima Hassan ... For the Petitioner.

Ms. Sipra Majumder, Mr. Khairul Alam ... For the State.

The petitioner alleges illegal and unauthorised construction being carried on at R.S. Dag No.3245 under Khaitan No.1122, J.L. No.55, Mouza : Bankra, Police Station : Domjur, District : Howrah - 711403. The petitioner complains that the objection raised by him before the Howrah Zilla Parishad has not been answered by the respondent authority till date. None appears on behalf of the Howrah Zilla Parishad and the private respondent.

As it appears that the objection of the petitioner is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The same is, accordingly, disposed of by directing the respondent no.2, being the Howrah Zilla Parishad to consider the objection raised by the petitioner, strictly in accordance with law, after giving an opportunity of hearing to the petitioner and all other necessary parties within a period of ten weeks from the

date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to the petitioner and all other necessary parties immediately thereafter.

It is made clear that this court has not decided the merits of the case and all points are left open to be decided by the said respondent at the time of consideration of the representation of the petitioner. Affidavit of service filed in Court be taken on record.

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

(Amrita Sinha, J.)