Ajad Ali Jamadar And ORS. v. State Of West Bengal And ORS.
04.12.2023 Item No.67 & 78 Ct. No. 24 Aloke W.P.A. 15354 of 2023 WITH W.P.A. 19910 of 2023 Ajad Ali Jamadar & Ors.
C & C R Vs.
The State of West Bengal & Ors.
Mr. Mukteswar Maity Mr. Sk. Aktar Hossain ... for the petitioners in WPA 15354 of Ms. Sima Adhdikari Ms. Kakali Naskar ... for the State in WPA 15354 of 2023 Mr. Abdul Hamid Molla Mr. Md. Abdul Halim ... for the petitioner in WPA 19910 of Mr. Nabhajit Prasad Basu Mr. Sabyasachi Bhattacharjee ... for the State in WPA 19910 of 2023 Washef Ali Mondal ... for the respondent no. 9 in WPA 15354 of 2023 and respondent no. 8 in WPA 19910 of 2023 The petitioner alleges that one Talib Ahmed Jamader, the private respondent in both the writ petitions, is responsible for making unauthorized construction.
Learned Advocate representing Talib Ahmed Jamader denies the allegations of the petitioner. It has been submitted that no construction is being made by or at the behest of the private respondent.
The private
respondent is no way connected with the construction complained of.
None represents the Gram Panchayat.
As the petitioner alleges that unauthorized construction has been made by the private respondent and the private respondent denies responsibility of such construction, accordingly, the Panchayat Authority is directed to take necessary steps to deal with the unauthorized construction in accordance with law.
In the event the Gram Panchayat detects any unauthorized construction over JL No. 291, Mouza-Benai, R.S. Plot No. 2288 (L.R. 2690) and R.S. Plot No. 2289 (L.R. 2691) which has been made without a valid sanctioned plan, then steps shall be taken for dealing with the same in accordance with law after giving reasonable opportunity of hearing to all the necessary parties at the earlier but positively within twelve weeks from the date of communication of this order.
Both the writ petitions are disposed of.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)