Tapan Kumar Shaw @ Tapan Shaw v. State Of West Bengal And ORS.

06.08.2025 Sl. No. 25.

D/L.

Mithun Ct.No.42.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 11359 of 2025 Tapan Kumar Shaw @ Tapan Shaw Vs.

The State of West Bengal & Ors.

Mr. Debottam Das ...for the petitioners Mr. Manaranjan Jana ...for private respondent no.9.

Mr. Pankaj Halder, Mr. Sujoy Ash ...for the State-respondent.

By the present writ petition, the petitioner seeks direction upon respondent authorities to consider the representation of the petitioner dated 30th January, 2025.

The petitioner alleges of unauthorized construction undertaken at the instance of the private respondents over plot No.3849, L.R. Khatian No.1846, J.L. No.203, Mouza-Paniparul, Police Station Egra. Learned Advocate for the petitioner as well as State submits that the matter be relegated to Pradhan, Paniparul Gram Panchayat, respondent no.4 to cause enquiry and dispose of the representation of the petitioner.

Learned Advocate for private respondent no.9 submits that his client has not made any construction

over the property in question and he denies and disputes the allegation.

Upon hearing the learned Advocates for respective parties, the respondent no.4, Prodhan, Paniparul Gram Panchayat is directed to consider and dispose of the representation of the petitioner dated 30th January, 2025 by adopting the following procedure:- (i) Cause an inspection over plot no.3849, L.R.

Khatian No.1846, J.L.

No.203, MouzaPaniparul, Police Station-Egra upon notice to the petitioner as well as private respondents. A report of such inspection along with sketch map be prepared, which shall be handed over to the parties.

(ii) Thereafter the parties shall be heard upon notice and the representation of the petitioner dated 30th January, 2025 shall be disposed of by a reasoned order which shall be communicated to the parties within a week of passing of such orders.

(iii) On the basis of materials transpiring during inspection and hearing, the proceedings shall be taken to its logical conclusion in terms of provisions of Section 23 of West Bengal Panchayat Act.

(iv) The entire exercise shall be completed within a period of two months from date of communication of this order.

Learned Advocate for the petitioner is directed to communicate this order to respondent no.4, Prodhan, Paniparul Gram Panchayat along with copy of the representation dated 30th January, 2025 for necessary compliance.

It is made clear that this Court has not gone into the merits of this writ petition.

Since affidavits have not been called for, the allegations made in the writ petition are deemed to be not admitted.

With the above observation, the writ petition being WPA 11359 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.)