Chhayed Ali Molla v. State Of West Bengal & ORS

09.09.2022 Court No. 19 Item no.165(ML) CP W.P.A. No. 3407 of 2020 Chhayed Ali Molla Vs.

The State of West Bengal & Ors.

Mr. Mukteswar Maity Ms. Manika Sarkar ......for the petitioner.

Affidavit of service is taken on record.

None appears on behalf of the respondents.

As the court is not inclined to pass any mandatory direction as prayed for, but is relegating the entire issue to be decided by the competent authority, the writ petition is taken up and disposed of in the absence of the non-appearing respondents. The petitioner alleges that the respondent no. 6 had raised certain unauthorized construction on L. R. Dag No. 4576 of Mouza - Bamunia, J.L. No. 45. The petitioner claims to be a co-sharer of the said plot. It appears that on February 10, 2020, the petitioner filed a representation before the Pradhan, Chaltaberia Gram Panchayat. Allegation is that the construction has been made without any sanction from the authority.

Without going into the merits of the claims of the petitioner, the writ petition is disposed of with a direction upon the competent authority of the

Chaltaberia Gram Panchayat to consider and dispose of the representation of the petitioner dated February 10, 2020, in accordance with law and independently. While doing so, the following procedure shall be adopted:

a) An inspection shall be conducted. Such inspection shall be held in the presence of the petitioner and the respondent no. 6. An advance notice of the inspection shall be served upon the petitioner and the respondent no. 6 and all other interested parties. If the parties are not available to accept notice, the same shall be affixed at a conspicuous place in the respective premises.

b) In case, it is found on preliminary inspection that there may be reasons to believe that the construction was without permission and was continuing, the authorities may take such interim measures by stopping such construction.

c) The report of such inspection shall be prepared along with the sketch map, indicating the extent and nature of unauthorized construction, if any.

d) Such report shall be handed over to the parties.

e) A hearing shall be given to the petitioner and the respondent no. 6. The parties must also be allowed to furnish their written objection/version to the said report and adduce oral and documentary evidence in support of their contentions before the competent authority. All points raised by either party, will be decided.

f) A reasoned order shall be passed and communicated to the parties. On the basis of what transpires at the hearing and during inspection, the proceedings shall be reached to its logical conclusion in terms of Section 23(5) of the West Bengal Panchayat Act. The court has not gone into the merits of the claims.

The entire exercise shall be completed within a period of four months from the date of communication of this order.

The question of title, possession and boundary etc. shall not be decided by the panchayat authorities. The only question to be decided by the panchayat authorities, would be whether the construction has been made without any permission and/or in violation of the building rules and the relevant laws.

A copy of the writ petition along with a server copy of this order be served upon the concerned gram panchayat for necessary compliance of this order.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)