Amit Kumar Bayen v. State Of West Bengal And ORS.

Item No.1602(ML) In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 30.08.2022 Ct-24 WPA 10189 of 2022 Amit Kumar Bayen v.

The State of West Bengal & Ors.

Mr. Subhendu Banerjee ... for the petitioner.

Mr. Tanmoy Mukherjee Mr. Souvik Das Mr. K. Raihan Ahmed Mr. Rudranil Das ... for the respondent no. 5.

The petitioner alleges illegal and unauthorized construction at the instance of the respondent no. 5. Learned advocate representing the respondent no. 5 denies the allegation made by the petitioner and submits that minor repairing work has been made and no construction has been made thereon.

It has been submitted by the private respondent that the said representation has been filed as a counterblast by way of revenge as the private respondent also filed representation against the present petitioner alleging unauthorized construction. As it appears that the representation of the petitioner 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 respondent nos. 3 & 4 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, at the earliest, but positively within a period of three months from the date 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.

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 Panchayat Authority will not decide the right, title and interest of the parties and will restrict the decision only with regard to unauthorized construction being made without a sanctioned plan.

The petitioner is directed to forward a copy of the representation dated May 23, 2022 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Affidavit-0f-service filed in Court today is taken on record.

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.)