Debprasad Barman v. State Of West Bengal And ORS.

06.09.2024.

PB Sl. No.11.

Ct. No.32 In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side WPA 14837 of 2023 Debprasad Shikari Vs The State of West Bengal & Ors.

Mr. Shahan Shah, Mr. Sk. Abumusa, Mr. Soumen Barman.

.....for the petitioner.

Mr. Debasish Chattopadhyay, Mr. Gobinda Chandra Baidya.

.....for the respondent no.6.

In spite of service, none appears on behalf of the State respondent. No accommodation sought for at the time of call.

It is the case of the writ petitioner that the private respondent no.6 is constructing a building without any sanctioned plan and without any permission from the Gram Panchayat. The classification of land is Shali, consisting of L.R. Plot No.3268, L.R. Khatian No.8986, under Mouza Kautala, J.L. No.101, Police Station Raidighi, District South 24 Parganas and for that the writ petitioner has

made a representation before the Pradhan, Kautala Gram Panchayat against the private respondents for illegal construction.

It is submitted by the private respondents that the writ petitioner has no locus standi to make any representation before the Pradhan with regard to the alleged illegal construction.

Considering the submissions made on behalf of the private respondents, it would be appropriate to sub-serve the purpose if direction is given to the Pradhan, the respondent no.3A to consider the representation and after giving an opportunity of hearing to the interested parties and pass a reasoned order with regard to the allegations made by the writ petitioner annexed to the writ petition being annexure P-2, within a period of six weeks from the date of communication of this order and the reasoned order be communicated to the parties one week thereafter. With the above observation, the writ petition stands disposed of.

Since no affidavits have been called for, the allegations made in the writ petition is deemed to have not been admitted.

Liberty is given to the petitioner to correct the cause title with regard to the serial number of the respondents.

Urgent certified photocopy of this order, if applied for, be supplied to the parties, as expeditiously as possible.

(Ajay Kumar Gupta, J.)