Mala Soni Robert Jeeva Raj v. The Port Blair Municipal Council And Others

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/822/2023 Mala Soni Robert Jeeva Raj Vs.

The Port Blair Municipal Council and others Mrs. Anjili Nag ... for the petitioner Mr. Shatadru Chakraborty ... for the respondents July 20, 2023 (AKB) Item No.10 The present writ petition has been preferred alleging inaction on the part of the respondents to consider the petitioner's representation dated 02nd December, 2021. In the said representation it has, inter alia, been alleged that the petitioner is the owner of land bearing survey no. 383/1/17/2 measuring an area of 175 sq.mtrs. situated at Garacharma village, Port Blair Tehsil, South Andaman District. His adjacent plot holder, namely, Govinda Mondal has started construction upon his land in violation of the building plan. Mrs.

Nag, learned advocate appearing for the petitioner submits that the said representation has not been considered by the competent authority and no final decision has been taken. Aggrieved thereby, the petitioner has approached this Court. Mr. Chakraborty, learned advocate appearing for the respondents denies and disputes the contention of the petitioner. Upon hearing the learned advocates appearing for the respective parties and upon considering the materials on record I am of the opinion that no useful purpose will be served by keeping this writ petition pending and the issue may be relegated to the competent authority for consideration. Accordingly, this Court directs the respondent no.

2 to consider the representation submitted by the petitioner on 2nd December, 2021, upon granting an opportunity of hearing to the petitioner and the private respondent no. 3 and other necessary parties, if any and to take a decision and communicate the same to the petitioner as well as the respondent no. 3. The above exercise shall be completed by the respondent no. 2 within a period of four weeks from the date of communication of this order alongwith a copy of the writ petition.

As the writ petition has been disposed of without calling for affidavits, allegations levelled against the respondents in the same shall be deemed to have been denied.

With the above observations and directions the writ petition is disposed of.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.

(Tapabrata Chakraborty, J.)