Saiful Middya v. State Of West Bengal And ORS.

26.02.2025 Ct. No. 30 S.L No.36 SM WPA 9277 of 2021 Saiful Middya Vs.

The State of West Bengal & Ors.

Mr. Sk. A. Uddin Ms. Nahid Rahman .....for the petitioner Mr. Jyotsna Roy Mukherjee Ms. Srijani Mukherjee .....for the State/respondents Affidavit-of-service filed be kept with the record.

The present writ application has been preferred praying for direction upon the respondent authorities to take necessary steps by demolishing the alleged illegal construction raised by the private respondents. Learned counsel for the State is present but there is no representation on behalf of other respondents.

It is the case of the petitioner that the local body is not taking any steps against such illegal construction.

It is further submitted that the representation dated 19.03.2021 has also not been considered by the respondent no. 3, the Pradhan of Bargachia II Gram Panchayat till date and as such the petitioner is being prejudiced.

Considering the said materials, the writ application is disposed of with the direction that the

respondent no. 9 Pradhan of the Bargachia II Gram Panchayat shall consider the representation of the petitioner dated 19.03.2021 within 60 days from the date of communication of this order, on hearing all the stakeholders and decide the same in accordance with law and also take necessary action accordingly. In case the copy of the representation is not available with the Pradhan, the petitioner is at liberty to file a copy of the same.

Applications, if any, connected thereto stand disposed of consequently.

Interim order, if any, stands vacated.

Let a copy of this order be sent to the Trial Court at once.

Parties to act on the basis of server copy of this order duly downloaded from the official website of this Hon'ble High Court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties expeditiously after complying with all requisite formalities. [Shampa Dutt (Paul). J]