Santanu Banerjee v. State Of West Bengal And ORS.

03.08.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 14769 of 2021 Santanu Banerjee -versus The State of West Bengal & Ors.

Mr. Kumaresh Dalal.

...For the Petitioner.

Mr. Mujibar Rahman, Mr. Raja Ram Banerjee.

...For the State.

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

The petitioner alleges illegal and unauthorized construction by the respondent No.5 in the joint property of the petitioner being R.S. and L.R. Plot Nos. 279, 280, Mouza-Mogra, J.L. No. 41, P.S. Mogra, Disrict-Hooghly.

The petitioner categorically submits that the construction was being made by the aforesaid respondent without obtaining any sanction or permission from the Gram Panchayat.

The petitioner made a representation before the Block Development Officer in August 2018 and sent a reminder in March 2021.

The petitioner alleges that the same has not been taken up for consideration till date.

From the documents annexed to the writ petition, it does not appear that the petitioner applied before the Pradhan being the plan sanctioning authority highlighting his grievances.

In view of the above, the instant writ petition is disposed of by granting liberty to the petitioner to make comprehensive representation before the Pradhan of the Gram Panchayat.

In the event such a representation is made, the same shall be considered by the Pradhan strictly in accordance with law, after giving a reasonable opportunity of hearing to the petitioner and all necessary parties. The Pradhan shall pass a reasoned order and communicate the same to the parties immediately thereafter.

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.)