Sk.Amanullah v. State Of West Bengal And ORS.

Item No. 7 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 03.08.2022 Ct-24 WPA 5387 of 2021 Sk. Amanullah v.

The State of West Bengal & Ors.

with CAN 1 of 2021 Mr. Sabyasachi Chatterjee Mr. Sandipan Das Mr. Sayan Banerjee Mr. Badrul Karim ... for the petitioner.

Mr. Arjun Ray Mukherjee ... for the State.

The petitioner alleges illegal and unauthorized construction made at the instance of the respondent no. 7 in Village & Post Office & Mouza-Harischak, J.L. No. 79, Khatian No. 2564, Dag No. 1076, P.S. Khanakul, District-Hooghly, Pin-712416 under the jurisdiction of Sabalsighapur Gram Panchayat.

report was called for from the Block Development Officer, Khanakul-II Development Block. It appears that the Block Development Officer caused for an enquiry to be done by the Pradhan of the Gram Panchayat and a report has been filed by the Pradhan before the Block Development Officer on July 28, 2022.

The enquiry report mentions that no building permission was taken from the Gram Panchayat for making the construction over the aforesaid plot of land. As it appears that the Panchayat has already certified that no permission was obtained prior to making construction, accordingly, the respondent nos. 3 and 4 are directed to take prompt necessary steps for dealing with the unauthorized construction in accordance with law, at the earliest, upon giving reasonable opportunity of hearing to the petitioner and the other necessary parties.

The Pradhan is directed to take steps to forward the enquiry report to the Sub-Divisional Officer as required under the provisions of the West Bengal Panchayat Act, 1973.

The writ petition and the connected application stand disposed of.

The report filed by the Block Development Officer be retained with the records.

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.)