Apple Majumdar v. State Of West Bengal And ORS.

09.11.2022 Sl. No.15(DL) srm W.P.A. No. 21859 of 2022 Smt. Apple Majumdar Vs.

The State of West Bengal & ors.

Mr. Nirmalya Kumar Das, Ms. Jasminara Khatun ...for the Petitioner.

Mr. Sudipto Panda, Mrs. Munmun Tewary ...for the State-respondents.

Mr. Ramkrishna Biswas ...for the Respondent Nos.7 & 8.

Affidavit-of-service is taken on record.

The writ petition has been filed alleging that the respondent Nos.7 and 8 have raised an unauthorised construction on Plot No.2332/3205 recorded in Khatian No.2068 of mouza Uttar Srirampur, District-Purba Bardhaman, without any sanction and/or permission from the panchayat authorities. It is further submitted that such construction is on a panchayat road.

Learned Advocate for the respondent Nos.7 and 8 have submitted documents which would show that the Pilla Gram Panchayat, District-Purba Bardhaman had accorded permission on February 20, 2020 for such

construction. The permission indicates that the said respondents may construct a residential house on Dag No.2332/3205 measuring about 946.15 sq.ft. Copies of such documents indicating the approval for construction are taken on record.

It appears that the allegation of the petitioner is not correct. The writ petition is disposed with a direction upon the panchayat authorities to ensure that the construction of the respondent Nos.7 and 8 is in accordance with the permission granted. The respondent Nos.7 and 8 shall also adhere to the terms and conditions of the permission granted by the panchayat authorities, and also adhere to the building rules.

The writ petition is, thus, disposed of.

There shall be no order as to costs.

Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)