Amal Adak v. State Of West Bengal And ORS.
217 27.6.2024 Sc Ct. no.2 WPA 18784 OF 2023 -------------- Amal Adak Vs.
The State of West Bengal & Ors.
Sk. Toslim Ali Ms. Saba Parween.
... For the Petitioner Mr. Lalit Mohan Mahata Mr. Ziaul Haque.
... For the State Affidavit-of-service, filed in Court today, is taken on record.
Sk. Toslim Ali, learned advocate appears for the petitioner.
Mr. Lalit Mohan Mahata, learned Additional Government Pleader appears for the State respondents. None appears for the Panchayat, its Pradhan and the private respondents, despite notice. The law presumes that, they do not intend to oppose this writ petition.
The petitioner complains of an alleged unauthorized and illegal construction on the subject piece of land alleged to be a water body at the behest of the private respondents.
The petitioner submits that, a representation dated June 8, 2023, Annexure-P3 at page 15 to the writ petition was submitted before the
Pradhan of the concerned Panchayat and the same has not been considered.
Considering the above, the Pradhan of the concerned Panchayat is directed, upon issuing a prior notice to the petitioner and the private respondents shall cause a physical inspection of the alleged unauthorized and illegal construction and then after giving them an opportunity of hearing shall dispose of the said representation dated June 8, 2023, as referred to above, by passing a reasoned order in accordance with law. The entire exercise as directed above, shall be carried out and completed by the Pradhan of the concerned Panchayat positively within a period of six weeks from the date of communication of this order. The Pradhan then shall communicate the reasoned order to the petitioner and the private respondents positively within a further period of two weeks from the date of the said reasoned order to be passed.
It is made clear that, this Court has not gone into the merits of the claim of the petitioner mentioned in the said representation. The petitioner and the private respondents shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon before the Pradhan of the concerned Panchayat but the same shall not travel beyond the scope of the alleged unauthorized and illegal construction.
In the event, the reasoned order confirms the alleged unauthorized and illegal construction, the Prodhan of the concerned Panchayat positively within a period of seven days from the date of the communication of the said reasoned order to the parties shall transmit the same and refer the matter before the jurisdictional Sub Divisional Officer in terms of Sub Section (5) to Section 23 of the West Bengal Panchayat Act, 1973. The jurisdictional Sub Divisional Officer then shall take all necessary and consequential steps to give an immediate effect to the said reasoned order expeditiously without any delay, in accordance with law. It is made clear that, this order shall not create any right or equity in favour of the petitioner, if the petitioner is not eligible to receive hid claim in terms of his representation with regard to the alleged unauthorized and illegal construction.
The petitioner shall serve a copy of this order upon the jurisdictional Block Development Officer who shall ensure that, the direction of this Court is carried out and complied with by the Pradhan of the concerned Panchayat.
Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
With the above observations and directions this writ petition, WPA 18784 of 2023 stands disposed of, without any order as to costs.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)