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  4. 2024/
  5. October

Zulfikkar Tarafdar vs. State of West Bengal and Ors.

Decided on 30 October 2024• Citation: WPA/26183/2024• Calcutta High Court
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                         17                                                         
                        30.10.2024                                                  
                        susanta/                                                    
                        ssi                                                         
                                              WPA 26183 of 2024                     
                         Ct. 7                                                      
                                              Zulfikkar Tarafdar                    
                                                   -vs-                             
                                              The State of West Bengal & ors.       
                                              Mr. Sumitava Chakraborty              
                                              Ms. Madhurima Sarkar                  
                                              Ms. Urmi Biswas                       
                                                            …for the petitioner     
                                              Mr. Subhayan Barik                    
                                              Ms. Ananya Mondal                     
                                                       …for the respondent nos. 8,11,14
                                              Mr. Vimal Kumar Shahi                 
                                              Mrs. Pratiti Das                      
                                              Mr. Bhakti Prasad Das                 
                                              Mr. Saptarshi Guha                    
                                                                 …for the State     
                                         Affidavit of service filed on behalf of the
                                    petitioner is taken on record.                  
                                         The petitioner’s grievance is with regard to the
                                    alleged unauthorized construction by the private
                                    respondents.                                    
                                         Learned counsel appearing for the private  
                                    respondents obviously disputes such contention of the
                                    petitioner.                                     
                                         Learned counsel appearing for the State has
                                    submitted a letter of the Inspector-in-Charge of
                                    Baguiati Police Station dated 23.10.2024 addressed to
                                    the learned Government Pleader, High Court at   

                                                     2                              
                                    Calcutta which is taken on record.              
                                         It appears from the record that the petitioner’s
                                    representation dated 17.09.2024 is yet to be    
                                    considered and disposed of by the  respondent-  
                                    Bidhannagar Municipal Corporation.              
                                         Let this writ petition be disposed of with a
                                    direction upon the respondent no.3 to consider and
                                    dispose of the petitioner’s representation dated
                                    17.09.2024 and in doing so, the respondent no.3 shall
                                    afford an opportunity of hearing to the petitioner as
                                    well as the private respondents and allow them to
                                    show and  rely upon the necessary documents to  
                                    substantiate their respective cases.            
                                         Let the respondent no.3 complete the exercise as
                                    above within a period of four weeks from the date of
                                    communication of this order and pass its reasoned
                                    order.                                          
                                         Needless to say that in case the respondent no.3
                                    finds any unauthorized construction to have taken
                                    place as alleged, it shall proceed in accordance with
                                    law in that event.                              
                                         In disposing of the representation of the  
                                    petitioner as above, the respondent no.3 shall be at
                                    liberty to cause an inspection of the concerned 
                                    premise by himself or by any other authorized officer,
                                    if so found fit and proper.                     
                                         The writ petitioner is thus disposed of.   

                                                     3                              
                                         All parties shall act on a server copy downloaded
                                    from the official website of this Court.        
                                                       (Rai Chattopadhyay, J.)