Disposed

Sk. Abdul Rasid v. State of West Bengal & Ors.

Calcutta HC12 Jan 2021WPA/357/2020

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What is this about?

This court disposed of a writ petition alleging illegal construction by respondents on petitioner's land. The court directed the Panskura No. 1 Municipality Board of Councillors to consider the petitioner's pending representation, provide a hearing to interested parties, and pass a reasoned order within three months. The court expressly reserved merits for the authority.

What did the court decide?

Directed Panskura No. 1 Municipality Board of Councillors to consider petitioner's representation, grant hearing to interested parties, and pass reasoned order within three months.

Sk. Abdul Rasid Vs State of West Bengal & Ors. — Landlord and Tenant | Calcutta HC (2021)

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03 12.01.2021 . d.p.

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W.P.A 357 of 2020 (Via Video Conference)

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Sk. Abdul Rasid -versus

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State of West Bengal & Ors.

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Ms. Pampa Dey Dhabal. …For the Petitioner.

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None appears on behalf of the respondents in spite of service.

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Affidavit-of-service filed in Court today be taken on record.

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The petitioner alleges that the respondent Nos. 7 and 8 are making illegal and unauthorized construction in his land.

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The petitioner made a representation before the Chairman, Panskura No. 1 Municipality and before the Officer-in-charge, Panskura Police Station.

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The petitioner complains that the above representations have been kept pending and not considered by the respondent authority till date.

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As it appears that the petitioner has already ventilated his grievances before the municipality as well as the police authority, no useful purpose will be served by keeping the writ petition pending.

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The same is accordingly disposed of by directing the Board of Councillors of the Panskura No. 1

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Municipality to consider the representation made by the petitioner, strictly in accordance with law, within a period of three months from the date of communication of a copy of this order.

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The said respondent shall give an opportunity of hearing to all the interested parties and pass a reasoned order in the matter and communicate the same to the petitioner and the other parties immediately thereafter.

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It is made clear, that this court has not gone into the merits of the claim raised by the petitioner and all points are left open to be decided by the said respondent at the time of consideration of the representation of the petitioner.

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The petitioner is directed to forward a copy of his representation to the Board of Councillors at the time of communication of this order.

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W.P.A. 357 of 2020 is disposed of.

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Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

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( Amrita Sinha, J.)

Sk. Abdul Rasid v. State of West Bengal & Ors.

Case brief

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Sk. Abdul Rasid v. State of West Bengal & Ors.

Case brief

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