Disposed

Biswanath Gharami & Ors. v. State of West Bengal & Ors.

Calcutta HC3 Feb 2021WPA/939/2020

Case brief

AI extract

What is this about?

The High Court directed a Sub-Divisional Officer to treat the petitioners' claim of illegal encroachment as a representation, afford a hearing to all parties, and decide within eight weeks, with potential demolition if unauthorized.

What did the court decide?

The writ petition is disposed of with a direction to the Sub-Divisional Officer to consider the petition as a representation, provide an opportunity of hearing to all parties, and decide within eight

Biswanath Gharami & Ors. Vs State of West… — Public Procurement and Tenders | Calcutta HC (2021)

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03.02 .2021 Item no. 15

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Aloke Ct. no.38

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(Through Video Conference) W.P.A. 939 of 2020

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Biswanath Gharami & Ors. Versus State of West Bengal & Ors.

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Mr. Prabir Maji … for the petitioners

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Ms. Sutapa Sanyal Mr. Gaurav Das … for the State

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Mr. Mrinal Kanti Ghosh Mr. Chandra Nath Sarkar … for the private respondent nos. 5 to 9

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Affidavit-of-service filed in Court be kept with the record.

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The petitioners say that the private respondents have encroached upon Government land and have made illegal construction, thereby blocking the petitioners’ irrigation system and causing other inconveniences to them. It is submitted that representations have been made to the appropriate officers in the Government but no action has been taken by such officers.

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I have heard learned counsel for the parties including learned counsel for the State.

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I direct the 3^rd respondent, being the Sub-Divisional Officer, Baruipore, South 24-Parganas, to consider the averments made in the writ petition as a representation

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of the petitioners and dispose of the same in accordance with law within a period of eight weeks from the date of receipt of a copy of this order along with a copy of the writ petition, after giving an opportunity of hearing to the petitioners, the private respondents and other concerned persons, if any. The parties shall be at liberty to file relevant documents before the 3^rd respondent at the hearing. The decision so taken by the 3^rd respondent shall be communicated to the parties within a week from the date of the decision. Needless to say, if the 3^rd respondent finds that the grievance of the petitioners is genuine and that the private respondents have made unauthorized constructions on Government land, appropriate measures will be promptly taken by the 3^rd respondent for demolition of such unauthorized constructions.

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I have not gone into the merits of the petitioners’ case. The 3^rd respondent shall take an informed decision in accordance with law.

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With the aforesaid direction, the writ petition is disposed of.

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Since no affidavit has been called for, none of the allegations in the writ petition shall be deemed to have been admitted by the respondents.

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(Arijit Banerjee, J.)

Biswanath Gharami & Ors. v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

Biswanath Gharami & Ors. v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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