Rabindra Nath Modak v. State Of West Bengal And ORS.
04.04.2025 rrc
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION WPA 302 of 2025 (Rabindra Nath Modak Vs. The State of West Bengal & Ors.) Mr. Pankaj Halder Mr. Neelabha Bera Mr. Sanatan Panja Mr. Tapas Manna .... For the petitioner Mr. Subhabrata Das .... For the State Mr. Sounak Bhattacharya Mr. Sounak Mondal .... For the respondent no. 9 This writ petition has been filed seeking direction upon the respondent authorities to take appropriate steps as per the complaint of the petitioner dated 27th December, 2024.
The petitioner contends that private respondent no.9 who is a co-owner has made construction over the plot LR Plot No. 644, J. L. 40, Mouza - Mallickpur, District - South 24-Parganas (South) without obtaining sanctioned plan and also without converting the classification of the land from 'pukur par' to 'bastu' which is violative of the existing provisions of the Panchayat Act as well as rules under West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004. Representations were made on 27th December, 2024 for redressal of such grievance. However, no steps has been taken. Hence, this writ petition.
Mr. Pankaj Halder, learned advocate for the petitioner submits that the land in question has been recorded in the LR Record of Rights as 'pukur par'. As per Rule 26 of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004, the gram panchayat cannot accord permission for erection of building in respect of a land which is not 'bastu' till the applicant produces an order of allowing classification of land changed by a competent authority. As per the reply dated 9th September, 2024 to RTI application dated 7th August, 2024 no such conversion of the classification of land has been made. The Executive Assistant, Dhanurhat Gram Panchayat has also informed vide letter dated 20th August, 2024 that the gram panchayat has not issued any permission for construction.
He seeks for direction upon the respondent no.
8, Pradhan, Dhanurhat Gram Panchayat to consider and dispose of the representation of the petitioner dated 27th December, 2024.
Learned advocate for the State-respondents also submit in the similar fashion.
Mr.
Sounak Bhattacharya, learned advocate representing the private respondent no. 9 submits that the construction is an old one which has been purchased from one of the co-sharers of the land-inqeustion by the respondent no. 9. Therefore, no new construction has been undertaken by respondent no.9
In view of submissions advanced, the respondent no. 8, Pradhan, Dhanurhat Gram Panchayat is directed to consider and dispose of the representation dated 27th December, 2024 by adopting the following procedure:
(i) Cause an inspection on the property-inquestion upon notice to the petitioner as well as private respondent No.9. A report of such inspection along with sketch map be prepared, which shall be handed over to the parties.
(ii) Thereafter the parties shall be heard upon notice and the representation of the petitioner dated 27th December, 2024 shall be disposed of by a reasoned order which shall be communicated to the parties within a week of passing of such orders. (iii) On the basis of materials transpiring during inspection and hearing, the proceedings shall be taken to its logical conclusion in terms of provisions of Section 23 of West Bengal Panchayat Act.
(iv) The entire exercise shall be completed within a period of two months from date of communication of this order.
The petitioners are directed to communicate this order to respondent No.8, Pradhan, Dhanurhat Gram Panchayat along with copy of the representation dated 27th December, 2024.
It is made clear that this Court has not gone into the merits of this writ petition.
Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.
With the aforesaid directions, the writ petition being WPA 302 of 2025 is disposed of.
Interim order, if any, stands vacated.
All connected applications, if any, stand disposed of.
There shall be no order as to costs.
All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.
(Bivas Pattanayak, J.)