Azmira Mondal v. State Of West Bengal And ORS.
12.08.2025 Sl. No.8 Ct. No.42 ss
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 18585 of 2024 Azmira Mondal
Versus
The State of West Bengal & Ors.
Mr. Sandipan Das Mr. Shubhankar Halder Mr. Rajesh Mollah ...for the Petitioner.
, Ms. Sipra Mazumdar Ms. Somashree Dey ... for the State Affidavit of service filed on behalf of the petitioner is taken on record.
By the present writ petition, the petitioner seeks for direction upon the respondent authorities, particularly the Pradhan, Bonhjooghly No.1 Gram Panchayat, respondent no.15 to take steps for demolition of unauthorised construction undertaken by the private respondent no.18 over the land situated at R.S. Dag No.2704(P), R.S. Khatian No.1911, J.L. No.65, Mouza Bonhoogly, Police Station Sonarpur (at present Narendrapur), District South 24-Parganas. The petitioner contends that he is the owner of land measuring 4 cottahs 2 chittacks situated at R.S. Dag No.2704(P), R.S. Khatian No.1911, J.L. No.65, Mouza Bonhoogly, Police Station Sonarpur (at present
Narendrapur), District South 24-Parganas. The private respondent has raised illegal and unauthorised construction adjacent to the land of the petitioner obstructing and encroaching the ingress and egress to the common passage.
The petitioner made a representation on 6th April, 2024 before the Pradhan, Bonhooghly No.1 Gram Panchayat, respondent no.15. Since no step has been taken, hence this writ petition. Mr. Sandipan Das, learned Advocate for the petitioner submits that the matter be relegated to the Pradhan, Bonhooghly No.1 Gram Panchayat, respondent no.15 to consider and dispose of the representation of the petitioner dated 6th April, 2024. Ms. Sipra Majumdar, learned Advocate for the State also submits in the similar fashion. She files report furnished by the Inspector-in-Charge, Narendrapur Police Station dated 12th August, 2025, which is taken on record.
Despite service none appears on behalf of the respondent no.15, the Pradhan, Bonhooghly No.1, Gram Panchayat and private-respondent no.18.
Considering the submissions advanced by learned Advocates for the appearing parties, the writ petition being WPA 18585 of 2024 is disposed of by directing the Pradhan, Bonhooghly No.1 Gram Panchayat to consider and dispose of the representation of the writ petitioner dated 6th April,
2024 in accordance with law adopting the following procedure:
(i) Cause an inspection on the property-in-question upon notice to the petitioner as well as private respondents. A report of such inspection along with sketch map be prepared, which shall be handed over to the parties.
(ii) Thereafter the parties shall be heard upon notice and representation of the petitioner dated 6th April, 2024 shall be disposed of by a reasoned order which shall be communicated to the parties within a week of passing of such orders. Parties are granted liberty to produce all relevant records and documents before the Pradhan at the time of hearing.
(iii) On the basis of materials transpiring during inspection and hearing, the proceedings shall be taken to its logical conclusion in terms of provisions of Section of West Bengal Panchayat Act.
(iv) The entire exercise shall be completed within a period of two months from date of communication of this order.
The learned Advocate for the petitioner is directed to communicate this order to the respondent No.15, the Pradhan, Bonhooghly No.1 Gram Panchayat along with copy of the representation dated 6th April, 2024.
It is made clear that this Court has not gone into the merits of this writ petition.
Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.
Interim order, if any, stands vacated.
All connected applications, if any, stand disposed of.
There shall be no order as to costs.
All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.
(Bivas Pattanayak, J.)