Tapas Routh v. State Of West Bengal And ORS.

05.02.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 12654 of 2023 Tapas Routh -versus The State of West Bengal & Ors.

Mr. Bhagbat Chaudhuri.

...For the Petitioner.

Mr. Dilip Kumar Sinha.

...For the Respondent Nos. 8 and 9.

Ms. Jyotsna Roy Mukherjee, Ms. Srijani Mukherjee.

...For the State.

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

The petitioner complains about unauthorized construction being made at the behest of the private respondents over a portion of LR Plot No. 849 within the Dudhkomra Gram Panchayat.

Complaint lodged against such unauthorized construction is pending consideration.

Learned advocate appearing for the private respondents submits, upon instructions, that the private respondents are neither the owners of any portion of LR Plot No. 849 and they are not making any

construction over LR Plot No. 849 as alleged by the petitioner.

As it appears that the representation of the petitioner objecting to the illegal and unauthorized construction 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 accordingly disposed of by directing the respondent no. 7, Dudhkomra Gram Panchayet to consider and dispose of the representation made by the petitioner, strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties, including the petitioner, at the earliest, but positively within a period of four months from the date communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties, including the petitioner, immediately thereafter. In the event the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorized construction, in accordance with law.

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

The Panchayat Authority will not decide the right, title and interest of the parties and will restrict the

decision only with regard to unauthorized construction being made without a sanctioned plan.

The petitioner is directed to forward a copy of the representation dated 1st May, 2023 to the aforesaid respondent at the time of communicating the order of the Court.

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.)