Abu Taher Molla v. State Of West Bengal And ORS.

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 16022 of 2023 Abu Taher Molla VS The State of West Bengal & Ors.

Mr. Mukteswar Maity Ms. Nupur Chaudhuri .... For the petitioner Affidavit of service filed in Court today, is 24.6.2024 (Item No. ML123) (AB) taken on record.

The petitioner complained of an unauthorized and illegal construction on the subject piece of land. The issue has already travelled in a previous writ Court and the writ petitioner was disposed of. Following the direction passed by the coordinate bench in the previous writ petition the Pradhan of the concerned Gram Panchayat found the alleged construction to be illegal and unauthorized. Mr.

Mukteswar Maity, learned advocate appearing for the petitioner referring to a communication dated August 23, 2022, annexure P7 at page 35 to the writ petition submits that the Pradhan had referred the matter before the respondent No. 4 in terms of sub-Section 5 to Section 23 of the West Bengal Panchanyat Act, 1973 but no further step has been taken following the statutory prescription by the respondent No. 4.

Despite notice the respondent No. 4 chose not to be represented. The law presumes the respondent No. 4 does not want to defend this writ petition. In view of the above, respondent No. 4 is directed to take all necessary steps following the due process of law to give effect to the communication of this Pradhan dated August 23, 2022, annexure P-7 at page 35 to the writ petition positively within a period of eight weeks from the date of communication of this order.

The affidavit of service further shows that due notice was served upon private respondent Nos. 8 and 9 but still they also chose not to be represented. The law presumes that they do not intend to oppose this writ petition.

After carrying out the direction as directed above the respondent No. 4 shall communicate the petitioner in writing that it has duly complied with the statutory obligation on its part.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

On the above terms, this writ petition W.P.A 16022 of 2023 stands disposed of, without any order as to costs.

Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Aniruddha Roy, J.)