Abdul Khalek Biswas v. State Of West Bengal And ORS.

Sl. No.50 16.08.2022 Court No.24 B.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 18159 of 2021 Abdul Khalek Biswas versus The State of West Bengal & Ors.

Mr. Susnigdho Bhattacharyya ... for the petitioner Mr. Md. G. N. Imrohi ... for the Pradhan Chak Islampur Gram Panchayat Mr. Debasis Kar Mr. Husen Mustafi ... for the private respondent no.7 Learned advocate representing the respondent no.7 has filed his Vakalatnama in the department being filing No.A-13834 dated 09.12.2021.

The department is directed to tag the Vakalatnama with the records of the present case.

The petitioner alleges illegal and unauthorised construction at the instance of the respondent no.7. In response to the complaint filed by the petitioner the Pradhan, Islampur Chak Gram Panchayat requested the parties to appear for a hearing tomorrow that is 17th August, 2022 along with all documents in their support. As it appears that the Pradhan of the Gram Panchayat has already taken steps in response to the

complaint filed by the petitioner and fixed a date of hearing tomorrow, accordingly, the Panchayat is directed to hear the parties and pass a reasoned order by dealing with the complaint filed by the petitioner. The Panchayat shall communicate the reasoned order to the parties immediately thereafter.

All the parties shall be entitled to rely upon documents in their support.

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.

Affidavit of service filed in Court is taken on records.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

( Amrita Sinha, J.)