Rabiul Alam v. State Of West Bengal And ORS.

22.08.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 2028 of 2022 Rabiul Alam -versus The State of West Bengal & Ors.

Mr. Partha Sarathi Das, Mr. Md. Hafiz Ali.

...For the Petitioner.

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

None appears on behalf of the respondents in spite of service.

The petitioner alleges that the private respondents are making construction without making conversion in the classification of the plot of land. The land where the alleged construction is being made is to be used for agricultural purpose. Construction has been made thereon without necessary conversion. The petitioner alleges that the representation filed before the respondent authorities have not been answered till date.

As it appears that the representation filed by the petitioner is pending consideration at the end of the Pradhan of Talgram Gram Panchayat, accordingly, the instant writ petition is disposed of by directing the

respondent No. 6 that is the Pradhan to take into consideration the representation filed by the petitioner, strictly in accordance with law, at the earliest, but positively within a period of eight weeks from the date communication of a copy of this order.

The Pradhan shall afford a reasonable opportunity of hearing to all the parties prior to take any decision in the matter.

The Pradhan shall pass a reasoned order and communicate the same to all the necessary parties, immediately thereafter.

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 petitioner is directed to forward a copy of the representation posted on 28th January, 2022 annexed at page 44 of the writ petition to the aforesaid respondent at the time of communicating the order of the Court.

Since no affidavit in opposition has been invited, the allegations contained in the writ petition are deemed not be admitted.

The writ petition stands disposed of.

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

( Amrita Sinha, J.)