Kasem Ali Pahar v. State Of West Bengal And ORS.

06.05.2024 AN/Ct. No.24 WPA 5230 of 2024 Kasem Ali Pahar versus The State of West Bengal & ors.

Mr. Nirmalya Kumar Das ... for the petitioner Mr. Nirmalya Biswas Mr. Harun Al Rashid ... for the State Mr. M.S. Chattopadyay Mr. Gopal Mondal ... for the respondent no. 8 The petitioner is aggrieved because of construction of the boundary wall by the private respondent. The ingress and egress of the petitioner has been blocked on account of the construction of the boundary wall. The petitioner made representation before the respondent no. 8, the private respondent and claims that the same is required to be adjudicated by the Pradhan of the Gram Panchayat.

The contention of the petitioner cannot be accepted. No permission is required for construction of boundary wall upto a particular limit. There is no allegation that the boundary wall has been constructed beyond the permissible limit.

The representation of the petitioner is before the private respondent. It is an absolute civil dispute in between the private parties. It will be open to the petitioner to approach the appropriate forum, for relief. Hence, no relief can be granted to the petitioner in the instant case. The writ petition fails and is hereby dismissed.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Amrita Sinha, J.)