Patit Paban Pal v. State Of West Bengal And ORS.

Item No.235 In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 03.10.2023 Ct-24 WPA 10032 of 2021 Sri Patit Paban Pal v.

The State of West Bengal & Ors.

Mr. Ramji Munshi Mr. Nishant Choudhary ... for the petitioner.

The petitioner complains of illegal and unauthorized construction at the behest of the private respondents.

Complaint lodged against such unauthorized construction is pending consideration for a considerable period of time.

None represents the respondents.

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

As it appears that the representation of the petitioners objecting to the illegal and unauthorized construction is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the Baidyapur Gram Panchayat to consider and dispose of the representation made by the petitioner strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties including the petitioner within a period of three months 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 including the petitioner immediately thereafter. In the event, the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorized construction, in accordance with law.

The aforesaid respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or decide any private dispute of the parties regarding right, title and interest in respect of the aforesaid land. It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The learned advocate for the petitioner is directed to forward the copy of the representation dated February 10, 2021 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Leave is granted to the learned advocate-on-record to implead the Baidyapur Gram Panchayat as party respondent in the instant writ petition.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

Sh (Amrita Sinha, J.)