Pradip Kr. Chanda v. State Of West Bengal And ORS.

Item No.244 In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 03.10.2023 Ct-24 WPA 13797 of 2023 Pradip Kumar Chanda & Ors.

v.

The State of West Bengal & Ors.

Mr. Sudip Sarkar Mr. Labanyamoy Sarkar Mr. K.P. Santra ... for the petitioners.

The petitioners complain of illegal and unauthorized construction at the behest of the respondent no. 9. Complaint filed before the Hooghly Zilla Parishad is pending consideration for a considerable period of time.

During pendency of the writ petitioner the petitioner no. 1 has expired. The writ petition is proceeded with by rest of the petitioners.

As it appears that the representation of the petitioners 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. 2 to consider and dispose of the representation made by the petitioners strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties including the petitioners within a period of three months from the date of 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 petitioners 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.

The aforesaid respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or decide any private dispute of the parties regarding right, title and interest in respect of the aforesaid land. It is made clear that this Court has not entered into the merits of the claim made by the petitioners and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioners.

The learned advocate for the petitioners is directed to forward the copy of the representation dated April 19, 2023 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

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

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

Sh (Amrita Sinha, J.)