Sabera Bibi v. State Of West Bengal And ORS.

02.05.2023 Court No. 19 Item 12 CP WPA No. 9469 of 2023 Sabera Bibi Vs.

The State of West Bengal & Ors.

Mr. Amit Baran Dash Ms. Ankana Sarkar ... for the petitioner.

Mr. Susanta Pal Ms. Ananya Neogi ... for the State.

Mr. Prabir Kumar Misra Mr. S. N. Chattopadhyay Mr. Priyam Misra Mr. Sananda Das .....for the respondent nos. 11 & 14.

Despite service, none appears on behalf of the respondent nos. 9 and 10 and their wives.

The petitioner is granted liberty to approach the Pradhan, Haldia No. 2 Gram Panchayat with a query as to whether permission had been given to Mir Aptar Ali and/or his wife and Mir Muktar Ali and/or his wife, for construction on Plot Nos. 2627 and 2628 of Mouza - Ranisai or on any other plot in the said mouza. The court is not in a position to ascertain whether the said respondents had been given permission to construct, upon conversion of the land.

Learned advocate appears on behalf of the respondent nos. 11 and 14 and produces documents to show that L.R. Plot No. 2626 had been converted to bastu and permission for construction on the said

land had been granted to the respondent No.11. Such documents are kept with the record.

As the other respondents are not represented, this court is unable to decide the allegation of unauthorized construction.

If the petitioner approaches the gram panchayat, necessary information shall be provided to the petitioner by the said gram panchayat within a period of one month from the date of communication of this order.

If the panchayat authorities intimate the petitioner that no such permission had been granted for construction in favour of Mir Aptar Ali and Mir Muktar Ali, necessary steps shall be taken, in accordance with law based on the allegations made by the petitioner.

The report filed by the police authorities, is taken on record.

It appears that steps have been taken on the basis of the complaint filed by the petitioner before the Officer-in-charge, Ramnagar Police Station.

Ramnagar Police Station Case No. 182 of 2023 dated April 3, 2023, under Sections 447, 188, 506 and 34 of the Indian Penal Code had been registered. After completion of the investigation, charge-sheet has been filed.

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 the server copy of this order.

(Shampa Sarkar, J.)