Rulamin Laskar And ORS. v. State Of West Bengal And ORS.

ML 267 16.04.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 1474 of 2024 Rulamin Laskar & Ors.

-versus The State of West Bengal & Ors.

Ms. Pampa Dey (Dhabal), Ms. Sangita Banerjee, Mr. Krishna Deo Das.

...For the Petitioners.

Mr. K.J. Yusuf, Mr. Parikshit Goswami.

...For the State.

Mr. Raghunath Das, Ms. Monalisa Das.

...For the Respondent No.10.

The petitioners complain of illegal and unauthorized construction over plot nos. 1814, 2541 and 1815. Objection filed against such unauthorized construction is pending consideration.

Learned advocate appearing for the private respondent denies the allegation of unauthorized construction. It has been submitted that the land is an agricultural plot of land classified as 'Bagan' and construction in any manner whatsoever has not been carried out at the aforesaid plots of land.

As it appears that the representation of the petitioners objecting to the illegal and unauthorized construction is pending consideration at the end of the

respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no. 6, Manirtat Gram Panchayet to consider and dispose of the representation made by the petitioners, strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties, including the petitioners, at the earliest, but positively within a period of three months from the date communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties, including the petitioners, immediately thereafter. A spot inspection shall be conducted to ascertain the nature and extent of unauthorized construction. In the event the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorized construction, in accordance with law.

It is made clear that this Court has not entered into the merits of the claim made by the petitioners and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioners.

The Panchayat Authority will not decide the right, title and interest of the parties and will restrict the decision only with regard to unauthorized construction being made without a sanctioned plan.

Learned advocate appearing for the petitioners is directed to forward a copy of the representation dated 22nd November, 2023 to the aforesaid respondent at the time of communicating the order of the Court. The writ petition stands disposed of.

Report by the Officer-in-charge, Bakultala Police Station signed on 13th February, 2024 be retained with the record.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)