Sahanobi Molla v. The State Of West Bengal And ORS.

06-05-2025 Item No.183 ML Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.22745 of 2024 Sahanobi Molla -vsThe State of West Bengal & Ors.

Mr. Sounak Bhattacharya Mr. Sounak Mondal Mr. Anirban Saha Roy ...for the petitioner Mr. Jaydeep Banerjee Ms. Subhra Nag ...for the State Mr. Rabindranath Mahato Mr. Aritra Shankar Roy ...for private respondent 1.

The petitioner alleges that the private respondent is running a slaughter house from an illegally constructed structure. Complaint was lodged before various authorities and allegation is that none of them has been considered.

2.

Learned counsel representing the private respondent denies the allegation. He submits that the private respondent is running a meat shop from the subject place upon obtaining proper trade licence from the concerned Gram Panchayat.

3.

Learned counsel for the State has obtained instructions from the Block Development Officer, Budge Budge-II Development Block on September 23, 2024.

4.

From the documents annexed to the report of the BDO it appears that a notice of hearing was given by the Pradhan of the Gram Panchayat to the private respondent. The fate of the hearing is not

mentioned in the report.

5.

Learned counsel for the private respondent submits that he is not aware of the fate of the hearing conducted by the Panchayat.

6.

From the submissions made on behalf of the respective parties and on perusal of the documents placed before this court, it appears that the subject meat shop is in operation for quite some time. Whether the same is being run in accordance with law or not is to be looked into by the Gram Panchayat.

7.

Accordingly, the instant writ petition is disposed of by directing the Pradhan of Naskarpur Gram Panchayat to consider the objection raised by the petitioner in accordance with law, after giving reasonable opportunity of hearing to all the necessary parties by passing a reasoned decision, at the earliest but positively within twelve weeks from the date of communication of this order. The reasoned decision once passed shall be communicated to all the parties forthwith thereafter. The Gram Panchayat shall also address the issue of unauthorized construction complained of by the petitioner.

8.

Report filed by the BDO shall be served upon the petitioner and the private respondent.

9.

All parties are to act on the server copy of this order duly downloaded from the official website of this court.

10.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]