Nabakumar Koley v. State Of West Bengal And ORS.

April 18, 2023 Sl. No.A 110 Court No.19 s.biswas WPA 14428 of 2022 Nabakumar Koley vs.

The State of West Bengal and others Mr. Sukumar Ghosh, Ms. Moumita Ghosh, Advocates ... for the petitioner Ms. Sima Adhikari, Ms. Kakali Naskar, Advocates ... for the State Mr. Ayan Banerjee, Ms. Debjani Sengupta, Advocates ... for the respondent nos.9, 10, 11 and 12 Mr. Suman Basu, Ms. Debanwita Pramanik, Advocates ... for the Hooghly Zilla Parishad Affidavit of service filed by the petitioners is taken on record.

The prayers in the writ petition need not be separately allowed as the petitioner has already been granted an order earlier, whereby the Hooghly Zilla Parishad was directed to consider the grievance of the petitioner. Such grievance included the allegation that the sanction was wrongly issued by the Hooghly Zilla Parishad in favour of the respondent nos.9 to 12.

Learned advocate for the petitioner submits that the Deed of Gift, on the basis of which the vendor of respondent nos.9 to 12 had acquired the right title and interest in respect of the property was illegal. Hence, there being a defect in the title of the vendor, the respondent Nos.9 to 12 also did not have any right on the land on which such construction had been sanctioned.

Learned advocate for the Hooghly Zilla Parishad submits that all the issues shall be decided on the basis of the records and papers, that have been submitted by the parties. The issue of sanction in favour of respondent nos.9 to 12, shall be decided. The Court does not express any opinion as the authority is yet to dispose of the proceedings initiated on the basis of the earlier order of this Court.

The competent authority of the Hooghly Zilla Parishad shall give a final hearing to all the parties on the issues raised earlier and also in this writ petition, with regard to the construction of the respondent nos.9 to 12.

The Hooghly Zilla Parishad shall take necessary steps to pass a reasoned order and communicate the same within a period of six weeks from the date communication of this order.

If the petitioner is absent on the next date fixed, the Zilla Parishad shall proceed in the absence of the petitioner.

Accordingly, the writ petition is disposed of. However, there will be nor order as to costs. All the parties are directed to act on the basis of server copy of this order.

(Shampa Sarkar, J.)