Sushanta Mondal And ANR v. State Of West Bengal And ORS.
26.06.2025 Sl. No. 86.
D/L.
Mithun Ct.No.39.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 9695 of 2025 Sushanta Mondal & Anr.
Vs.
The State of West Bengal & Ors.
Mr. Gobinda Chandra Baidya ...for the petitioners Mr. Ansar Mandal, AGP, Ms. Srilekha Bhattacharjee ...for the State.
Affidavit of service filed on behalf of the petitioners sis taken on record.
This writ petition is filed for implementation of order dated 5th March, 2024 passed in WPA No.24853 of 2023.
The petitioner previously filed a writ petition being WPA 24853 of contending of illegal and unauthorized construction by the private respondents. The said writ petition was disposed of as follows:- "The writ petition is accordingly disposed of by directing the respondent no.7 being the Pradhan, Bodra Gram Panchayat, P.O.Bodra, under the Bhangar police station, district South 24 Parganas to consider and dispose of the petitioners' representation dated August 29, 2023 strictly in accordance with law by giving a reasoned decision, after giving an opportunity of hearing to all the necessary parties, including the petitioners, within a period of three months from the date of communication of a copy of this order. The reasoned decision once passed shall be communicated to all the necessary parties, including the petitioners forthwith." Mr. Gobinda Chanda Baidya, learned Advocate for the petitioners submits that despite such order, no steps
has been taken for removal of unauthorized construction. Hence, this writ petition. He seeks for appropriate direction upon the respondent authority for carrying out the orders passed in the earlier writ petition in its letter and spirit.
Mr. Ansar Mandal, learned Additional Government Pleader appearing on behalf of the State submits that already order has been passed by the respondent no.7, the Pradhan, Bodra Gram Panchayat and the order has been forwarded to the Block Development Officer, Bhangar Block-I Development Office for taking appropriate steps for demolition of the unauthorized construction. He files a report of the Block Development Officer, Bhangar-I Development Block dated 5th May, 2025 which is taken on record. Copy served.
Despite service none appears on behalf of the private respondents.
The resolution of the meeting dated 8th May, 2025 shows that the private respondent has undertaken work of construction without valid permission. The copy of such resolution has been forwarded to Block Development Officer instead of Sub-Divisional Officer for further action.
Accordingly, respondent no.7, the Pradhan, Bodra Gram Panchayat is directed to forward a copy of resolution dated 8th May, 2025 to the Sub-Divisional Officer, Baruipur, respondent no.3 for taking necessary
steps in terms of Section 23 of the West Bengal Panchayat Act, 1973.
With the aforesaid direction, the writ petition being WPA No.9695 of 2025 stands disposed of. All connected applications, if any, stand disposed of.
There will be, however, no order as to costs. Interim order, if any, stands vacated.
All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Bivas Pattanayak, J.)