Chandicharan Patra v. State Of West Bengal& ORS

30.03.2023 Court No. 19 Item no.60 CP WPA No. 13201 of 2018 Chandicharan Patra Vs.

The State of West Bengal & ors.

Mr. Suddhadev Adak ...for the petitioner.

Affidavit of service is taken on record.

Despite service, none appears on behalf of the respondent nos. 5 and 6.

As this court is not inclined to pass any mandatory directions as prayed for, but deems it fit to relegate the matter to the permission granting authority, this writ petition is taken up in their absence. The said respondents shall get adequate opportunity at every stage to represent their case before the permission granting authority.

The petitioner alleges that the respondent nos. 5 and 6 had raised a construction on L.R. Plot Nos. 4629 and 4640 of Mouza - Chingra, without any permission from the Chingra Gram Panchayat.

It appears that by an order of this court a learned special officer had been appointed who had also filed a report. An unfinished brick built construction was found. Construction materials were

also lying in and around the area. Exceptions to the report was also filed by the respondent nos. 5 and 6. It also appears that a Title Suit is pending before the learned Civil Judge (Senior Division), Arambagh being Title Suit No. 22 of 2018.

This court is not in a position to decide whether the alleged construction of the respondent nos. 5 and 6 is without a plan or contrary to any sanction granted by the panchayat authority.

Under such circumstances, the writ petition is disposed of with a direction upon the Chingra Gram Panchayat to treat the writ petition as representation and dispose of the same in accordance with law. While doing so, the authorities will follow the procedure stated hereinbelow:

a) An inspection shall be conducted. Such inspection shall be held in the presence of the petitioner and the respondent nos. 5 and 6. An advance notice of the inspection shall be served upon the petitioner and the respondent nos. 5 and 6 and on all other interested parties. If the parties are not available to accept notice, the same shall be affixed at a conspicuous place in the respective premises.

b) In case, it is found on preliminary inspection that there may be reasons to

believe that the construction was without permission and was continuing, the authorities may take such interim measures by stopping such construction.

c) A report of such inspection shall be prepared along with the sketch map, indicating the extent and nature of unauthorized construction, if any.

d) Such report shall be handed over to the parties.

e) A hearing shall be given to the petitioner and the respondent nos. 5 and 6. The parties must also be allowed to furnish their written objection/version to the said report and adduce oral and documentary evidence in support of their contentions before the competent authority. All points raised by either party, will be decided.

f) A reasoned order shall be passed and communicated to the parties. On the basis of what transpires at the hearing and during inspection, the proceedings shall be reached to its logical conclusion in terms of Section 23(5) of the West Bengal Panchayat Act.

The court has not gone into the merits of the claims.

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

The disputes with regard to title, possession and boundary etc., shall not be decided by the panchayat authorities.

A copy of the writ petition along with a server copy of this order be served upon the concerned gram panchayat for necessary compliance of this order.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)