Asima Samanta ANR ORS v. State Of West Bengal And ORS.

05-02-2024 ct no. 24 Sl. 32 Sayandeep WPA 15914 of 2023 Asima Samanta & Ors.

-VersusThe State of West Bengal & Ors.

Mr. Debasish Chattopadhyay Mr. Loknath Paul Ms. T. Basu ...for the petitioners Mr. Sailendranath Chakraborty Mr. Ratindranath Pal ..... for the State The affidavit-of-service is taken on record.

The petitioner complaints of inaction on the part of the Gram Panchayat in considering the representation filed alleging unauthorized construction at behest of private respondent.

The State is represented.

None represents the Gram Panchayat or the private respondents.

In absence of the Gram Panchayat the matter cannot be decided conclusively.

In view of the order that I propose to pass, none of the non appearing parties will be prejudiced if the writ petition is disposed of in the following manner.

As it appears that the representation of the petitioner objecting to 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. 2, Belmuri Gram Panchayat to consider and dispose of the representation made by the petitioner, strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties, including the petitioner, at the earliest, but positively within a period of twelve weeks 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 petitioner, 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 petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

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

The petitioner is directed to forward a copy of the representation dated 10th April, 2023 to the aforesaid respondent at 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 parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)