Baby Bhowmick v. State Of West Bengal And ORS.

ML 271 16.04.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 2049 of 2024 Smt. Baby Bhowmick -versus The State of West Bengal & Ors.

Mr. Sumalya Chakraborty.

...For the Petitioner.

Mr. Moniruzzaman, Mr. Arindam Mitra.

...For the State.

Affidavit-of-service filed in Court today is taken on record.

None appears on behalf of the private respondent and the Panchayat in spite of service.

The petitioner prays for consideration of the representation dated 5th January, 2024 alleging illegal and unauthorized construction at the behest of the private respondent.

In view of the order that I propose to pass, none of the parties will be prejudiced if the writ petition is disposed of in the following manner.

As it appears that the representation of the petitioner 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. 3, Panchayat Pradhan of Solbaga Village, Amta II, Howrah to consider and dispose of the representation made by the petitioner, strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties, including the petitioner, 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 petitioner, 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 petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

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 petitioner is directed to forward a copy of the representation dated 5th January, 2024 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, Joypur Police Station signed on 9th 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.)