Md Achan Ali @ Achan Ali Mondal v. State Of West Bengal And ORS.

Item No.277(ML) 23.04.2024 S.H.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A.2574 of 2024 Md. Achan Ali alias Achan Ali Mondal -versus The State of West Bengal & Ors.

Mr. Partha Chakraborty Mr. Muhammad Obaid Mr. Arka Mukherjee ...For the Petitioner.

Mr. Sadhan Kumar Haldar Mr. Suman Singh ... for the State.

Mr. Asim Hati Ms. Barnali Dey Ms. Sreetama Neogi Ms. Riya Ballav Ms. Antariksha Karmakar ... for the respondent no.6.

With the allegation of unauthorized construction at the behest of the private respondents the petitioner filed writ petition being WP 17744(W) of 2013 which stood disposed of by the Court on July 31, 2013 by directing the Pradhan of the Gram Panchayat to dispose of the representation filed by the petitioner by passing a reasoned order after giving opportunity of hearing and upon verification of original documents. As the order was not complied with, an application for contempt was filed being CPAN 124 of 2014 which is still now pending consideration before the Court.

After awaiting for such a long period of time as the contempt was not disposed of by the Court, the petitioner filed a further representation before the authority in October 2023 and submits that the same be considered.

None represents either the Gram Panchayat or the private respondents.

The learned advocate for the Zilla Parishad and State are present.

As it appears that there is already an earlier order passed by this Court to consider the representation filed by the petitioner, accordingly, the instant writ petition is disposed of by directing the Gram Panchayat to act in strict accordance with the direction passed by the Court on July 31, 2013 upon consideration of the objection filed by the petitioner on August 24, 2023.

reasoned order shall be passed and communicated to the parties.

Steps shall be taken in the matter at the earliest but positively within a period of twelve weeks from the date of communication of this order. Learned advocate for the petitioner is directed to communicate the order dated 31st July, 2013 and the representation dated 24th August, 2023 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

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