Disposed

Sk. Abdur Rouf v. State of West Bengal and Ors.

Calcutta HC18 Jul 2022WPA/8606/2022

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed by a petitioner alleging unauthorized construction in his water body. The petition sought a direction to the concerned authority to consider his representation. The court directed the authority to consider the representation and dispose of it within two months, affording a hearing to all parties.

What did the court decide?

Direction to the 4th respondent to consider the petitioner's representation dated 16.04.2022 and dispose of it within two months after affording a hearing to interested parties.

Sk. Abdur Rouf Vs State of West Bengal and Ors. — Writ and Judicial Review | Calcutta HC (2022)

¶1

5 jdt.

¶2

18.07.2022 jb.

¶3

W.P.A. 8606 of 2022 (Sk. Abdur Rouf vs. State of West Bengal & Ors.)

¶4

Sk. Toslim Ali Saba Parveen

¶5

…. For the Petitioner

¶6

Mr. Chandi Charan De Ms. Chandana Ghosh …. For the State

¶7

Mr. Javed Kr. Sanwarwala …. For the Respondent Nos. 8, 9 and 10

¶8

Affidavit of service filed by the petitioner is taken on record. The petitioner’s grievance is that the private respondents are filling up a water body belonging to the petitioner and are raising unauthorised construction therein. The petitioner submitted a representation before the concerned authority on 16^th April, 2022 which is yet to be disposed of. The petitioner prays for a direction upon the authority to consider the representation at the earliest.

¶9

It is submitted on behalf of the State respondents that the 4^th respondent be

¶10

¶11

directed to consider the representation in accordance with law.

¶12

Learned counsel for the private respondents submits that it is the petitioner who has filled up water body and converted the same into bastu. The private respondents pray for a right of audience before the concerned authority.

¶13

In view of the above, the writ petition is disposed of directing the 4^th respondent to consider and dispose of the representation submitted by the petitioner dated 16^th April, 2022 within two months from the date of communication of this order after affording reasonable opportunity of hearing to the interested parties including the petitioner and the private respondents, in accordance with law.

¶14

The decision taken by the authority shall be communicated to the parties within a week thereof.

¶15

It is made clear that this Court has not gone into the merits of the case and the parties shall be at liberty to place their respective contentions before the authority at the time of hearing.

¶16

W.P.A. 8606 of 2022 is thus disposed of.

¶17

There shall be no order as to costs.

¶18

¶19

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite

¶20

formalities.

¶21

(Suvra Ghosh, J.)

Sk. Abdur Rouf v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Sk. Abdur Rouf v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Khos Mohammad Seikh Vs State of West Bengal and Ors.

Bulu Roy Vs State of West Bengal and Ors.

Sk Jobir Hosain Vs State of West Bengal and Ors.

Anima Basu Vs State of West Bengal and Ors.

Debdas Mondal and Another Vs State of West Bengal and Ors.

Kartik Bera Vs State of West Bengal & Ors.