Md Abdul Gaphaphar Sekh @ Gaphaphar Sekh v. State Of West Bengal And ORS.

S/L.13.

May 28, 2025.

SUBRATA/KAUSHIK.

WPA No. 12066 of 2025 Md. Abdul Gaphaphar Sekh @ Gaphaphar Sekh Vs.

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

Ms. Pampa Dey Dhabal Mr. Biswaroop Chatterjee ... for the respondent nos. 7 & 8.

Mr. Jagabandhu Roy Ms. Tuhina Parveen ... for the State.

The present writ petition has been filed citing inaction on the part of the Sub Divisional Officer (SDO), Canning, South 24 Parganas, in considering the petitioner's application dated 29th April, 2025.

The petitioner alleges that the private respondents are constructing a structure in contravention of Section 23 of the West Bengal Gram Panchayat Act, 1973, and in violation of Section 4C of the West Bengal Land Reforms Act. The record shows that the petitioner submitted an application before the concerned SDO; however, despite receipt of the application, no decision has been taken to date.

Learned advocates representing private respondents Nos. 7 and 8 have 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 eight weeks from the date of communication of this order.

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

(Partha Sarathi Chatterjee, J.)