Ajid Mondal v. State Of West Bengal & ORS

14.01.2021.

d.p.

W.P.A 11054 of 2019 (Via Video Conference) Ajid Mondal -versus State of West Bengal & Ors.

Mr. Sounak Bhattacharya.

...For the Petitioner.

Mr. Abdus Salam.

...For the State.

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

None appears on behalf of the private respondents and the Panchayat in spite of service. The petitioner alleges illegal and unauthorized construction being carried out by the private respondents in a portion of agricultural land classified as Danga in L.R. Dag No. 610, J.L. No. 66, Khatian No. 661, Mouza-Kismat Boyalberia, P.S.- Joynagar, District - South 24 Parganas.

The petitioner made a representation before the Block Development Officer and the Pradhan of the Khakurdaha Gram Panchayat in March 2019.

The petitioner complains that his representation has not been considered by the respondent authorities till date.

As it appears that the representation alleging illegal construction made by the petitioner 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 disposed of by directing the respondent Nos. 2 and 3 to take steps to consider the representation made by the petitioner, strictly in accordance with law, within a period of four months from the date of communication of a copy of this order. The said respondents shall give an opportunity of hearing to the petitioner and all other necessary parties prior to taking any action in response to the complaint made by the petitioner. The said respondent shall pass a reasoned order and communicate the same to the petitioner and all the necessary parties immediately thereafter.

It is made clear, that this Court has not gone into the merits of the claim of the petitioner and all points are left open to be decided by the said respondents at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a complaint made by him at the time of communication of a copy of this order to the respondents for compliance. W.P.A. 11054 of 2019 is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)