Nripen Singha v. The State Of West Bengal And ORS

19-09-2023 Court No.3 Sh/11 In The High Court At Calcutta Jalpaiguri Circuit Bench WPA 954 of 2023 Nripen Singha.

Vs.

The State of West Bengal & Ors.

Mr. Hillol Saha Poddar.

For the Petitioner.

Mr. Subir Kumar Saha, AGP Mr. Momenur Rahaman.

For the State.

1. Learned counsel for the petitioner submits that the respondent no.3, School, constructed a wall in front of the petitioner's land and thereby obstructed the ingress and egress to his land.

2. Being aggrieved, the petitioner submitted a representation dated 06-03-2023 to the respondent no.3. However, the said representation has yet not been decided. Hence the petitioner preferred the present writ petition seeking a direction against the respondent authority to demolish the portion of the wall constructed in front of the petitioner's land.

3. After examining the record of the present case this Court deems it appropriate to direct the respondent no.3 to examine the grievance of the petitioner as ventilated in the representation dated 06-03-2023 and take the final decision on the same after affording an opportunity of hearing to the petitioner. The respondent no.3 shall complete the entire exercise within a period of six weeks from today.

4. Needless to state that if the grievance of the petitioner subsists thereafter he will be at liberty to initiate appropriate proceedings in accordance with law.

5. With this direction the present writ petition is disposed of.

6. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties expeditiously subject to compliance of all requisite formalities. (GAURANG KANTH,J.)