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Calcutta High CourtWPA/15482/2016disposed

Buddhadeb Santra & ANR v. State Of West Bengal & ORS

2024-01-16Hon'Ble Justice Saugata Bhattacharyya2 pages

16.01.2024 Ct.15 adeb WPA 15482 of 2016 Buddhadeb Santra & Anr.

-vs- The State of West Bengal & Ors.

Mr. Keshab Chandra Das Ms. Aparajita Mondal Mr. Biplab Adak ... for the petitioners. Affidavit of service filed on behalf of the petitioner is taken on record.

At the time of call no one appears for the respondents including respondent no.

10.

Previously on 9th January, 2024 accommodation was prayed for on behalf of the respondent no. 10 and the same was granted thereby hearing of this matter was fixed today, 16th January, 2024.

Therefore, this Court proceeds in absence of representation from the respondents.

The learned advocate representing the petitioners submits that a complaint was lodged by the petitioners dated 1st August, 2016 before the Pradhan, Akna Gram Panchayat in the district of Hooghly alleging that private respondent was trying to make unauthorised constructions. It has been submitted that in spite of receipt of this complaint dated 1st August, 2016 no contemporaneous steps were taken by the concerned Panchayat authorities in order to find out whether the private respondent was granted sanctioned building plan to make such constructions. However, it has been submitted on behalf of the petitioners that after the complaint

dated 1st August, 2016 was lodged no further construction was made by the private respondent. Today in spite of service of notice upon the respondents, respondents are not represented. Having considered the submissions made on behalf of the petitioners, the present writ petition is disposed of thereby granting leave to the petitioners to take steps in accordance with law, if in future private respondent makes any attempt to erect unauthorised constructions at the same site.

However, there shall be no order as to costs. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)