Talukdar Sk v. State Of West Bengal And ORS.

April 12, 2023 Sl. No.18 Court No.19 s.biswas WPA 7810 of 2023 Talukdar Sk.

vs.

State of West Bengal and others Mr. Lutful Haque, Mr. Golam Karim Chaudhury, Advocates ... for the petitioner Mr. Narayan Chandra Bhattacharjee, Mr. Mirza Kamruddin, Advocates ... for the State Affidavit of service filed by the petitioner is taken on record.

The petitioner is granted liberty to correct the cause title with regard to the description of the police station.

The specific grievance of the petitioner is that, although the house had been completed at Plot No.731, Mouza-Hajipur corresponding to Khatian No.596 in terms of the sanction granted by the concerned gram panchayat, some of the members of the gram panchayat were not allowing the petitioner to construct a drain which would lead to the main drain in the panchayat road.

This Court is not inclined to go into the correctness of the allegation, but deems it fit to direct the Block Development Officer, Mayureswar-I Block to dispose of the representation submitted by the petitioner in accordance with law and decide the issue. Improvement of sanitation in the duty of the

concerned gram panchayat and Section 24 of the West Bengal Panchayat Act, 1973 deals with the same. While deciding the matter, all the parties involved in the alleged construction and members of the Debuk Gram Panchayat shall be heard. A reasoned order shall be passed and communicated to all the concerned parties. If the authority finds dispute with regard to the title and possession no interference will be called for.

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

(Shampa Sarkar, J.)