Disposed

Ahmmed Ali Laskar & Ors. v. State of West Bengal & Ors.

Calcutta HC21 Jan 2021WPA/911/2020

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AI extract

What is this about?

This writ petition concerning the alleged illegal digging of a canal by a Pradhan on private land. Since respondents did not appear, this High Court directed the District Magistrate to consider the petitioners' representations within twelve weeks after providing an opportunity of hearing. The court expressly left the merits of the claim open for the respondent to decide.

What did the court decide?

Directions to the District Magistrate, South 24-Parganas, to consider the petitioners' representations within twelve weeks and pass a reasoned order.

Ahmmed Ali Laskar & Ors. Vs State of West Bengal & Ors. — Partition | Calcutta HC (2021)

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21.01.2021 Ct. No. 24 Item No. 51 pk.

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IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION

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WPA No. 911 of 2020

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Ahmmed Ali Laskar & Ors.

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-vs-

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The State of West Bengal & Ors.

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Mr. Sudarshan Ghosh for the petitioners

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None appears on behalf of the respondents despite service.

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Affidavit of service filed in court today is taken on record.

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The petitioners allege that the Pradhan of the Monirtal Gram Panchayet has forcefully and illegally dug up a canal in his private land. The petitioners immediately raised an objection before the Block Development Officer, Joynagar-II by a letter dated 30^th December 2019. They also lodged a complaint before the Bakultala Police Station on 4^th January 2020. The petitioners made a further representation dated 6^th January, 2020 to the District Magistrate and the SubDivisional Officer, Baruipur, South 24-Parganas praying for redressal of their grievance. The petitioners complain that none of their representations have been considered by the respondent authorities till date.

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As nobody appears on behalf of the respondents, accordingly, the Court is left with no other alternative

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but to direct the District Magistrate, South 24-Parganas to consider the representations which were made by the petitioners, strictly in accordance with law, within a period of twelve weeks from the date of communication of a copy of this order after giving an opportunity of hearing to the petitioners and all other necessary parties. The said respondent shall pass a reasoned order and communicate the same to the petitioners and all other necessary parties immediately thereafter.

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

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The petitioner is directed to forward a copy of the representations dated 30^th December, 2019 and 6^th January, 2020 to the aforesaid respondent at the time of communication of this order.

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WPA No. 911 of 2020 is thus 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.)

Ahmmed Ali Laskar & Ors. v. State of West Bengal & Ors.

Case brief

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Ahmmed Ali Laskar & Ors. v. State of West Bengal & Ors.

Case brief

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