Mahadeb Sarder v. State Of West Bengal And ORS.

A-211 02.04.2024 Ct. No.24 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 16685 of 2023 Mahadeb Sarder Vs.

The State of West Bengal & Ors.

Mr. Saumen Gayen Mr. Sandipan Maity ... For the petitioner Ms. Mitali Mukherjee ... For the State Mr. S. Chakraborty Mr. Triptimoy Talukder ... For the private respondents Affidavit of service filed in Court today is taken on record.

The objection filed by the petitioner before the Gram Panchayat allegeing illegal and unauthorised construction made at the behest of the private respondents is pending consideration.

Learned advocate representing the private respondents submits, upon instruction, that the place where the construction has been made is a joint property. The construction in question is incomplete.

As it appears that the representation of the petitioner objecting to the 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. 7, Pradhan, Jalaberia-II Gram Panchayet 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 three months 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. A spot inspection shall be conducted to ascertain the nature and extent of unauthorized construction. 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 the decision only with regard to unauthorized construction being made without a sanctioned plan.

Learned advocate appearing for the petitioner is directed to forward a copy of the representation dated 30th May, 2023 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Amrita Sinha, J.)