Anup Ghosh v. State Of West Bengal And ORS.

A-212 02.04.2024 Ct. No.24 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 16692 of 2023 Anup Ghosh Vs.

The State of West Bengal & Ors.

Mr. Keshab Chandra Das Ms. Aparajita Mondal Mr. Biplab Adak ... For the petitioner Ms. Tanuja Basak ... For the State Affidavit of service filed in Court today is taken on record.

The petitioner complains illegal and unauthorised construction at the behest of the private respondent. Objection filed by the petitioner was considered by the Pradhan and a note has been ascribed in the said objection mentioning that the private respondent may continue with the construction after obtaining sanction from the Gram Panchayat.

The petitioner alleges that no sanction has been obtained by the private respondent and the construction is being made without any sanction.

None represents the private respondent.

In view of the order that I propose to pass, none of the non appearing respondents would be prejudiced if the writ petition is disposed of in the following manner. 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. 9, Ajhapur 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 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 consideration 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 20th February, 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.)