Dhananajay Pailan v. State Of West Bengal And ORS.

S/L.12.

May 28, 2025.

SUBRATA/KAUSHIK.

WPA No. 12063 of 2025 Dhananjay Pailan Vs.

State of West Bengal and Others Mr. Masud Karim Md. Hasanuz Zaman ... for the petitioner.

Mr. Nimai Chandra Betal ... for the respondent no. 9.

Mr. Vijay Agarwal Ms. Pratiti Das Ms. Mahuya Dutta Biswas ... for the State.

The petitioner alleges that the private respondents are carrying out construction in contravention of the provisions of Section 23 of the West Bengal Panchayat Act, 1973, as well as in violation of Section 4C of the West Bengal Land Reforms Act.

The record shows that the petitioner submitted an application before the Sub Divisional Officer (SDO), Baruipur, South 24 Parganas. However, despite receipt of the application, no decision has been taken to date. Learned advocate representing private respondent No. 9 has vehemently opposed the petitioner's contentions.

Having heard the submissions of the respective parties and upon perusal of the materials on record, the writ petition is disposed of with a direction to the concerned SDO to consider the petitioner's application after affording an opportunity of hearing to both the petitioner and the private respondents.

If the SDO finds merit in the petitioner's contentions, appropriate follow-up action shall be taken in accordance with law. If the petitioner's contentions are found to be without substance, a reasoned order shall be passed and communicated to the petitioner.

The entire exercise shall be completed within a period of eight weeks from the date of communication of this order.

There shall, however, be no order as to costs.

(Partha Sarathi Chatterjee, J.)