Sibnath Kaity v. State Of West Bengal And ORS.

Ct. 24 30.11.2022 tbsr In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 15002 of 2022 Sri Sibnath Kaity -versus State of West Bengal & Ors.

Mr. Suddhadev Adak Ms. Arpita Mondal ...For the Petitioner Mr. Himadri Sekhar Chakraborty Mrs. Susmita Saha ...For the State respondents None appears on behalf of the Kamarpukur Gram Panchayat, despite service.

Affidavit of service filed in Court is taken on record.

The grievance of the petitioner is that his application for sanction for construction of residential building on LR Plot No. 828 is pending consideration since May, 2022.

The petitioner refers to a communication made by the Pradhan of the Gram Panchayat in June, 2022 requesting the petitioner to visit the office with necessary documents in connection with his application seeking sanction.

The petitioner submits that he visited the office of the Gram Panchayat on repeated occasions, but till date there is no response from the end of the Panchayat either accepting or rejecting the application seeking sanction for construction.

Learned advocate for the petitioner also refers to a document to show that the plot in question has been converted to bastu land fit for making construction. Learned advocate for the State respondent does not have any instruction in the matter.

In the absence of the Panchayat authority, this Court is not in a position to decide the issue conclusively.

In view of the above, the instant writ petition is disposed of by directing the respondent nos. 5 & 6 to take into consideration the application made by the petitioner seeking sanction for construction of residential building strictly in accordance with law, at the earliest, after giving reasonable opportunity of hearing to all the necessary parties and pass a reasoned order and communicate the same to the petitioner.

The aforesaid respondents shall decide the issue at the earliest but positively within a period of four weeks from the date of communication of this order. Learned advocate for the petitioner is directed to forward a copy of the application dated 23rd May, 2022 and copy of the communication of the Pradhan of the Gram Panchayat dated 27th June, 2022 to the aforesaid respondents at the time of communicating the order of the Court.

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.)