SOUMITRA PAL,J. - (1.) In the writ petition the petitioner has alleged that the Rajpur-Sonarpur Municipality has sanctioned a plan in favour of the private respondent no.6 comprising an area of 9 cottahs 28 sq.ft. 12 chittaks which is in excess of the land purchased by the said respondent as shown in the sanctioned plan and such construction is being made by the respondent nos. 5 and 6 encroaching on the land of the petitioner. Submission has been made that as a representation dated 6th July, 2010 to that effect was furnished before the Rajpur-Sonarpur Municipality, the Municipality may be directed to dispose of the same after giving an opportunity of hearing.
(2.) The matter was moved on 5th January, 2012 when the respondent nos. 5 and 6 had filed the affidavit-in-opposition. The petitioner was given an opportunity to file reply to the same. Reply has been filed and is on record.
(3.) Learned advocate for the Rajpur-Sonarpur Municipality submits that pursuant to a representation dated 25th June, 2010 filed by the petitioner, an enquiry was made and a survey was conducted wherefrom it appears that the building is constructed in accordance with the sanctioned plan and there has been no encroachment on the road as alleged.;