Manoyar Hossain Mondal v. State Of West Bengal And ORS.

S/L 17 16.09.2022 Court. No. 19 GB W.P.A. 17608 of 2021 Manoyar Hossain Mondal VS The State of West Bengal & Ors.

Md. Yunus Mondal, Mr. Pronojit Roy.

... for the Petitioner.

Mr. Lalit Mohan Mahata, Mr. Supratim Dhar.

... for the State.

Affidavit-of-service filed in Court today, be kept with the record.

None appears on behalf of the Pradhan, despite service.

The petitioner alleges that the panchayat authorities did not have any jurisdiction to issue the notice dated September 9, 2021, asking the petitioner to appear before the authority with regard to some dispute over a business transaction. It is further submitted that the Deganga-1 Gram Panchayat did not have territorial jurisdiction to decide the matter, as the business transaction took place in Nandigram. The police report filed by Mr. Mahata, learned advocate for the State respondents, is taken on record. It appears that the notice was issued by the panchayat authority in order to decide or discuss about the monetary transaction between Chandan Maity and Raju Chowdhury. The petitioner was an employee of Raju Chowdhury, who allegedly owed some money to Chandan Maity. It also appears from the report that the monetary transactions

between Raju Chowdhury and Chandan Maity took place through their bank accounts.

Thus, this Court is not able to understand why the petitioner is afraid to appear before the panchayat authority only for questioning.

The petitioner prays that the said notice was issued only to harass the petitioner and for extraneous reasons. It appears that the petitioner had approached the district authorities through his learned advocate on September 10, 2021 with certain allegations against the concerned Pradhan of the Deganga-1 Gram Panchayat.

The writ petition is disposed of with a direction upon the Block Development Officer, Deganga, to dispose of the representation dated September 10, 2021 in accordance with law, upon hearing the petitioner, Chandan Maity and all other interested parties including the Pradhan of Deganga-1 Gram Panchayat. A reasoned decision shall be taken and communicated to all concerned. This order shall not be construed as an opinion of the court over the monetary dispute between Chandan Maity and Raju Chowdhury. Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)