Sri Sri Bishnu Jew......... Represented By Its Trustees Byomkesh Sahoo. v. The West Bengal Panchayat And Rural Development Department And Others

05.02.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 14374 of 2023 Sri Sri Bishnu Jew .....represented by Byomkesh Sahoo & Ors.

-versus The West Bengal Panchayat & Rural Development Department & Ors.

Mr. Debnarayan Patra.

...For the Petitioners.

Mr. Bibek Jyoti Basu, Mr. Anirban Mitra.

...For the State.

Mr. Shyama Prasad Purkait.

...For the Respondent Nos. 10 to 14.

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

Petitioners allege non-consideration of the objection filed before the Gram Panchayat alleging illegal and unauthorized construction at the behest of the private respondents.

The private respondents deny the allegation of the petitioners. It has been submitted that the construction has been made by the private respondents over their private property.

As the Gram Panchayat is not represented, the matter cannot be adjudicated conclusively.

Learned advocate appearing for the State respondents could not obtain proper instruction from the Block Development Officer of the said block. As it appears that the representation of the petitioner 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. 5, Dbablat Gram Panchayat 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, at the earliest, but positively within a period of four months from the date 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.

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 Panchayat Authority will not decide the right, title and interest of the parties and will restrict the decision only with regard to unauthorized construction being made without a sanctioned plan.

The petitioners are directed to forward a copy of the representation dated 26th May, 2023 to the aforesaid respondent at the time of communicating the order of the Court.

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.)