Shiba Prasad Bhakat v. State Of West Bengal And ORS.
16.09.2022 Court No. 19 Item no.58 CP W.P.A. No. 18928 of 2021 Shiba Prasad Bhakat Vs.
The State of West Bengal & Ors.
Mr. Kushal Chatterjee Mr. Subhasis Mitra Mr. Debabrata Roy ......for the petitioner.
Mr. Jahar Lal De Mrs. Debarati Sen (Bose) ....for the State.
Mr. Suman Basu Ms. Debanwita Pramanik ...for the respondent no. 2.
Affidavit of service is taken on record.
Despite service, none appears on behalf of the respondent nos. 5 and 6.
As the Court is not inclined to pass mandatory directions, as prayed for in the writ petition, but is relegating the entire dispute for adjudication by the competent authority under law, the writ petition is taken up in their absence.
The petitioner alleges that the respondent no. 6 has raised certain unauthorized construction on LR & RS Plot No. 645 pertaining to Khatian No. 337/1, Mouza - Khamarchandi. The petitioner approached
the Haripal Asutosh Gram Panchayat by filing a representation dated July 8, 2021. It is alleged that the said representation has not been considered yet. Without going into the merits of the claims of the petitioner, the writ petition is disposed of with a direction upon the competent authority of the Haripal Asutosh Gram Panchayat, to consider and dispose of the representation of the petitioner dated July 8, 2021, in accordance with law and independently. If it appears that the permission granting authority is the Zilla Parishad, then the matter will be referred to the Zilla Parishad. While doing so, the following procedure shall be adopted by the permission granting authority: a) An inspection shall be conducted. Such inspection shall be held in the presence of the petitioner and the respondent no. 6. An advance notice of the inspection shall be served upon petitioner and respondent no. 6 and all other interested parties. If the parties are not available to accept notice, the same shall be affixed at a conspicuous place in respective premises.
b) In case, it is found on preliminary inspection that there may be reasons to believe that the construction was without
permission and was continuing, authorities may take such interim measures by stopping such construction.
c) The report of such inspection shall be prepared along with the sketch map, indicating extent and nature of unauthorized construction, if any.
d) Such report shall be handed over to the parties.
e) A hearing shall be given to the petitioner and the respondent no. 6. The parties must also be allowed to furnish their written objection/version to the said report and adduce oral and documentary evidence in support of their contentions before the competent authority. All points raised by either party, will be decided.
f) A reasoned order shall be passed and communicated to the parties. On the basis of what transpires at the hearing and during inspection, the proceedings shall be reached to its logical conclusion in terms of the West Bengal Panchayat Act.
The court has not gone into the merits of the claims and the issues involved shall be decided independently.
The entire exercise shall be completed within a period of four months from date of communication of this order.
The question of title, possession and boundary etc. shall not be decided by panchayat authorities. The only question to be decided by the panchayat authorities, would be whether construction has been made without any permission and/or in violation of the building rules and the relevant laws.
A copy of the writ petition along with a server copy of this order be served upon the concerned gram panchayat for necessary compliance of this order.
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.)