Raj Kumar Maity And ANR. v. The State Of West Bengal And ORS.
60 08.7.2024 Sc Ct. no.2 WPA 14915 OF 2024 -------------- Raj Kumar Maity & Anr.
Vs.
The State of West Bengal & Ors.
Mr. Sukanta Das ... For the Petitioners Mr. Touseef Ahmed Khan Ms. Ratna Das.
...For the Respondent Nos. 1, 2, 4 & 5 Affidavit-of-service, filed in Court today, is taken on record.
Mr. Sukanta Das, learned counsel appears for the petitioners.
Ms. Ratna Das, learned State counsel led by Mr. Touseef Ahmed Khan, learned State counsel appears for the respondent nos. 1, 2, 4 and 5.
Rest of the respondents including the Panchayat, its Pradhan and the private respondent no.9 are not represented, despite notice. The law presumes that, they do not intend to oppose this writ petition.
The petitioners complain of an alleged unauthorized and illegal construction on the subject piece of land at the behest of the private respondent no.9. The petitioners submit that, a representation dated May 2, 2024, Annexure-P3 at page 17 to the writ petition was
submitted before the Pradhan of the concerned Panchayat and the same has not been considered.
Considering the above, the Pradhan of the concerned Panchayat is directed, upon issuing a prior notice to the petitioners and the private respondent shall cause a physical inspection of the alleged unauthorized and illegal construction and then after giving them an opportunity of hearing shall dispose of the said representation dated May 2, 2024, as referred to above, by passing a reasoned order in accordance with law. The entire exercise as directed above, shall be carried out and completed by the Pradhan of the concerned Panchayat positively within a period of six weeks from the date of communication of this order. The Pradhan then shall communicate the reasoned order to the petitioners and the private respondent positively within a further period of two weeks from the date of the said reasoned order to be passed.
It is made clear that, this Court has not gone into the merits of the claim of the petitioners mentioned in the said representation. The petitioners and the private respondent shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon before the Pradhan of the concerned Panchayat but the same shall not travel beyond the scope of the said representation dated May 2, 2024.
In the event, the reasoned order confirms the alleged unauthorized and illegal construction, the Prodhan of the concerned Panchayat positively within a period of seven days from the date of the communication of the said reasoned order to the parties shall transmit the same and refer the matter before the jurisdictional Sub Divisional Officer in terms of Sub Section (5) to Section 23 of the West Bengal Panchayat Act, 1973. The jurisdictional Sub Divisional Officer then shall take all necessary and consequential steps to give an immediate effect to the said reasoned order, without any delay expeditiously in accordance with law. It is made clear that, this order shall not create any right or equity in favour of the petitioners, if the petitioners are not eligible to receive their claim in terms of their representation with regard to the alleged unauthorized and illegal construction.
The petitioners shall serve a copy of this order upon the jurisdictional Block Development Officer who shall ensure that, the direction of this Court is carried out and complied with by the Pradhan of the concerned Panchayat.
Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
With the above observations and directions this writ petition, WPA 14915 of 2024 stands disposed of, without any order as to costs.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)