Sk Mohiuddin v. State Of West Bengal And ORS.
Court No. 2
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side W.P.A. 11351 of 2024 Sk. Mohiuddin VS The State of West Bengal & Ors.
Mr. Gazi Faruque Hossain Ms. Varsha Roy .... For the petitioner Mr. Lalit Mohan Mahata Mr. Ziaul Haque .... For the State Affidavit of service filed in Court today, is 08.7.2024 (Item No. 48) (AB) taken on record.
Mr. Gazi Faruque Hossain, learned advocate appears for the petitioner.
Mr. Lalit Mohan Mahata, learned Additional Government Pleader appears for the respondent Nos. 1 to 6.
None appears for the Pradhan and the private respondent No. 9, despite notice. The law presumes that, they do not want to defend this writ petition. The petitioner complains of an alleged illegal and unauthorized construction on the subject piece of land which is Doba in nature at the behest of the private respondent. The petitioner submitted a representation dated March 26, 2024, Annexure-P-4 at page 19 to the writ petition before the Pradhan of the concerned Panchayat and the same has not been considered.
In view of the above, the Pradhan of the concerned Panchayat is directed upon issuing a prior
notice on the petitioner and the private respondent shall cause a physical inspection of the alleged unauthorized and illegal construction and then after giving them an opportunity of hearing shall decide the said representation dated March 26, 2024, in accordance with law.
The entire exercise as directed above, shall be carried out and completed by the Pradhan of the concerned Panchayat positively within a period of six weeks from the date of communication of this order. The Pradhan then shall communicate the reasoned order to the petitioner and the private respondent positively within a further period of two weeks from the date of the said reasoned order to be passed. It is made clear that, this Court has not gone into the merits of the claim of the petitioner mentioned in the said representation. The petitioner and the private respondent shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon before the Pradhan of the concerned Panchayat but the same shall not travel beyond the scope of the alleged unauthorized and illegal construction. In the event, the reasoned order confirms the alleged unauthorized and illegal construction, the Pradhan of the concerned Panchayat positively within a period of seven days from the date of the communication of the said reasoned order to the
parties shall transmit the same and refer the matter before the jurisdictional Sub Divisional Officer in terms of Sub Section (5) to Section 23 of the West Bengal Panchayat Act, 1973.
The jurisdictional Sub Divisional Officer then shall take all necessary and consequential steps to give an immediate effect to the said reasoned order expeditiously without any delay, in accordance with law.
It is made clear that, this order shall not create any right or equity in favour of the petitioner, if the petitioner is not eligible to receive his claim in terms of his representation with regard to the alleged unauthorized and illegal construction.
The petitioner shall serve a copy of this order upon the jurisdictional Block Development Officer who shall ensure that, the direction of this Court is carried out and complied with by the Pradhan of the concerned Panchayat.
Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
With the above observations and directions this writ petition, WPA 11351 of 2024 stands disposed of, without any order as to costs.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)