Sanatan Maji v. State Of West Bengal And ORS.

26.11.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 13391 of 2024 Sanatan Maji Vs.

The State of West Bengal & Ors.

Mr. Arun Naskar ...for the petitioner Mr. Santi Ranjan Das, Mr. Debasish Kar ...for the State Ms. Mekhla Sinha, Ms. Malabika Ray Dey ...for the Howrah Zilla Parishad Mr. Soumik Ganguly, Mr. Ashok Das ...for the respondent nos. 8 and 9 By consent of the parties, the petitioner is granted liberty to implead the Pradhan, Narna Gram Panchayat, as a party respondent in the writ petition.

The Advocate-on-Record of the petitioner is directed to cause necessary correction in the cause title of the writ petition.

The grievance of the petitioner is directed against the illegal and unlawful construction by the private respondents.

It is submitted on behalf of the petitioner that though initial steps have been taken insofar as the representation dated February 11, is concerned, there is no final adjudication of the said

complaint filed by the petitioner. Accordingly, it is alleged, there has been a stalemate insofar as the disposal of the complaint of the petitioner is concerned.

The private respondents are represented and submit that there is no illegal nor unauthorized construction and the present disputes are between family members and the subject premises is an old ancestral home, which requires construction.

The Howrah Zilla Parishan is also represented and submits that no grievance is raised insofar as the Howrah Zilla Parishad is concerned.

In view of the above, W.P.A. No. 13391 of 2024 stands disposed of by directing the concerned Pradhan, Narna Gram Panchayat, to conclude the hearing of the representation dated February 11, 2022 and bring the same to a logical conclusion expeditiously, preferably within a period of eight weeks from the date of communication of this order to the added respondent Pradhan.

The petitioner is directed to serve a copy of the writ petition along with a copy of this order on the added respondent as expeditiously as possible. It is made clear that no unnecessary adjournments should be granted by the concerned Pradhan to either of the parties and the proceedings, which have been initiated in terms of

the letter dated May 18, 2023 be brought to a logical conclusion.

It is made clear that there has been no adjudication on the merits of the case and all questions are left open to be decided by the concerned Pradhan strictly in accordance with law. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities.

(Ravi Krishan Kapur, J.)