Mrinal Kanti Biswas v. State Of West Bengal And ORS.

19.04.2023 Sl. No.119(ML) srm W.P.A. No. 15049 of 2022 Mrinal Kanti Biswas

Versus

The State of West Bengal & Ors.

Mr. Sankar Paul, Ms. Tapati Sarkar ....for the Petitioner.

Despite service, none appears on behalf of the respondents. Affidavit-of-service is taken on record. The Court is not inclined to pass mandatory directions as prayed for, but deems it fit to send back the matter before the competent authority, for necessary steps. Thus, the writ petition is taken up in the absence of the respondent No.6, who will be given adequate opportunity of hearing, by the said authority.

The petitioner alleges that the respondent No.6 has raised a construction on LR Dag No.1074, J.L. No.151 of mouza Purba Bishnupur within the jurisdiction of Durba Gram Panchayat, Nadia, without any permission from the panchayat authorities and without leaving the set back space and other side spaces, as required by the building rules.

The petitioner has approached the Pradhan of Durba Gram Panchayat, Nadia, through the learned Advocate by filing a representation dated June 20, 2022, which is annexure P5 at page 31 of the writ petition. Under such circumstances, the writ petition is disposed of with a direction upon the Durba Gram Panchayat, Nadia, to dispose of the representation of the petitioner, in accordance with law.

While doing so, the permission granting authority shall adhere to the following procedure:- a) An inspection of the site shall be conducted. Such inspection shall be held in the presence of the petitioner and the respondent Nos.6 and 7, with 48 hours advance notice to the petitioner and the respondent Nos.6 and 7.

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

c) Such report shall be handed over to the petitioner as also the respondent Nos.6 and 7.

d) In case, it is found on preliminary inspection that there may be reasons to believe that the construction was without permission as also in violation of the building rules and had been continuing, the

authorities may take interim measures by stopping such construction.

e) A hearing shall be given to all the parties. 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.

f) 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 the provisions of Section 23(5) of the West Bengal Panchayat Act, 1973.

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

The question of right, title, interest, encroachment, etc. shall not be gone into.

The Court has not gone into the merits of the claims of the petitioner and the issues raised, shall be decided by the competent authority, independently.

A copy of the writ petition along with a server copy of this order be served upon the Secretary, Durba Gram Panchayat, Nadia.

The writ petition is, thus, disposed of.

There shall be no order as to costs.

Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)