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2025 DAILYLAW 39138 (CAL)

JAHANARA BIBI v. STATE OF WEST BENGAL AND ORS.

WPA/21339/2024 · 2025-01-15

Ravi Krishan Kapur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

ML 15.01.2025 10 Ct. No.10 Sws.M W.P.A. 21339 of 2024 Jahanara Bibi -Vs.- The State of West Bengal & Ors. Mr. Gazi Faruque Ms. Varsha Roy ….for the petitioner Ms. Indrani Nandi Mr. Rupak Ghosh …for the State Mr. Mujibar Ali Naskar Mr. Imtiaz Ahmed …for the respondent nos. 8 to 11 Affidavit-of-Service filed in Court today be kept with the records. The grievance of the petitioners is directed against non-consideration of a representation dated 5 August, 2024 complaining of unauthorised and illegal construction by the private-respondents. It is submitted on behalf of the petitioner that without obtaining any lawful permission or sanction, the private-respondents have made unauthorised construction. In support of such contention the petitioner relies on a response by the concerned Gram Panchayat with suggests that no permission has been sought for by the private-respondents. On behalf of the private-respondents it is submitted that there is a civil suit pending between the parties and a subsisting order of status quo is binding both the petitioner the private-respondents. In any event, it is submitted by the Advocate for the State that they have no objection if the 2 representation is decided by the concerned Pradhan being the respondent No. 6 in accordance with law. In view of the submissions made on behalf of the parties and considering the facts and circumstances of the case, WPA 21339 of 2024 stands disposed of by directing the Pradhan, being the respondent No. 6 to consider the representation dated 5 August, 2024, after giving a right of hearing to all the affected parties, in accordance with law and without being influenced by any observation made in this order. It is made clear that there has been no expression on the merits of the case and the respondent No. 6 is to act strictly in accordance with law and conclude the above exercise within 6 (six) weeks from the date of communication of this order. However, there shall be no order as to costs. Since affidavits have not been invited, the allegations made in the writ petition are deemed not to have been admitted. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities. (Ravi Krishan Kapur, J.)