Tapan Pramanik(Roy) v. State Of West Bengal And ORS.

Item No.126 In The High Court At Calcutta Constitutional Writ Jurisdiction (via video conference) 18.03.2021 Ct-24 W.P.A.5128 of 2021 Tapan Pramanik (Roy) v The State of West Bengal & Ors.

Mr. Mohinoor Rahaman Ms. Maria Rahaman ... for the petitioner.

Mr. Sudipto Panda ... for the State.

The petitioner complains that the private respondents are making construction of building under the Pradhan Mantri Awaas Yojana (Gramin) Scheme in his private land.

The petitioner alleges that the representation made against such illegal construction in his private land before the Block Development Officer has not been considered by the respondent authority till date. As it appears that the representation filed by the petitioner alleging illegal construction over his private land by the private respondents is pending consideration at the end of the respondent authority, accordingly, the instant writ petition is disposed of by directing the respondent no. 4 being the Block Development Officer and Executive Officer, Minakhan Block to take prompt

necessary steps for consideration of the representation made by the petitioner on January 28, 2021 strictly in accordance with law, upon giving an opportunity of hearing to the petitioner and all other necessary parties, at the earliest, but positively within a period of twelve weeks from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties immediately thereafter.

In the event, the said respondent is of the opinion that the private respondents have illegally made construction of the building in the private land of the petitioner, then necessary steps shall be taken by the said respondent for removal of such unauthorized construction, in accordance with law.

WPA 5128 of 2021 stands disposed of.

None appears for the private respondents despite service.

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

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh ( Amrita Sinha, J.)