Dr. Ajoy Kumar Biswas v. The State Of West Bengal And ORS.

17.07.2025 Sl. No. 58.

D/L.

Mithun Ct.No.42.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 11758 of 2025 Dr. Ajoy Kumar Biswas Vs.

The State of West Bengal & Ors.

Mr. Milan Chandra Bhattacharjee, Sr. Adv., Mr. Sushanta Kumar Laha, Ms. Sulagna Bhattacharya ..for the petitioner Mr. Gautam Lahiri ...for Begri Gram Panchayat, respondent no.4. Mr. Bharat Chandra Simai, Mr. Somesh Panja ...for private respondent nos.5 & 6.

Mr. Tarun Kumar Sur ...for the private respondents.

Mr. Milan Chandra Bhattacharjee, learned Senior Advocate appearing for the petitioner submits that subsequent to filing of the writ petition the SDO has passed order on 5th June, 2025 instructing the Pradhan to direct the recorded owners to remove the illegal construction within a period of 20 days. Thereafter, he has received a letter from the Pradhan asking the petitioner to demolish the unauthorized construction which is beyond the provisions of Section 23(5) of the West Bengal Panchayat Act. He seeks to withdraw the writ petition with liberty to file afresh incorporating such facts. He files the copy of the order of the Sub-Divisional Officer dated 5th June, 2025 and letter of Pradhan dated 17th June, 2025 which is taken on record.

In view of such submission, the writ petition being WPA 11758 of 2025 is dismissed as withdrawn with liberty to file afresh.

All connected applications, if any, stand disposed of.

Interim order, if any, stands vacated.

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.)