Arindam Pradhan v. The State Of West Bengal And ORS.

M.207 Ct No24 02.04 .2024 In the High Court At Calcutta Constitutional Writ Jurisdiction AGM Appellate Side WPA 12244 of 2023 Arindam Pradhan Vs The State of West Bengal & Ors.

Mr. Pappu Adhikari.

... For the petitioner.

Mr. Sauradeep Dutta.

... For the Private respondent no. 10.

Learned advocate representing the petitioner submits, upon instruction that, the private respondent obtained plan from the Pradhan of the Gram Panchayat in an illegal manner relying upon false and incorrect submissions and documents.

Sanction has been obtained for raising construction over two different dag numbers which are very far off from each other. By way of one plan, the Gram Panchayat could not have granted sanction for raising construction over two different dag numbers distinctly apart from each other.

On a perusal of the representation filed by the petitioner before the respondent authorities, the aforesaid facts do not appear to have been mentioned therein. In view of the above, leave is granted to the petitioner to file a comprehensive representation highlighting all the illegalities before the Gram Panchayat. In the event such a representation is filed, the same shall

be considered by the Gram Panchayat in accordance with law after giving reasonable opportunity of hearing to all the necessary parties including the representative of the Irrigation and Waterways Department, Contai Division. The said respondent shall pass a reasoned order and communicate the same to the parties immediately thereafter.

If it ultimately transpires that unauthorised construction has been made, then necessary steps shall be taken to deal with the same in accordance with law. Steps shall be taken in the matter immediately after receipt of the representation from the petitioner. The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)