Gopal Dey And ANR. v. State Of West Bengal And ORS.

WPA 23197 of 2024 Gopal Dey & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Pritam Choudhury ...for the Petitioner Mr. Shuvro Prakash Lahiri Ms. Sanjukta Samanta ...for the State 07-10-2024 AKG Ct. 15 Despite service, respondent no.

is not represented.

The order of demolition has been passed on August 9, 2024, by the Pradhan, Belkash Gram Panchayat. I am of the view that the said order is not sustainable in view of Section 23 (5) of the West Bengal Panchayat Act, 1973. A demolition order can be passed only by the relevant Sub-Divisional Officer.

Accordingly, the order dated August 9, 2024, is set aside.

This will not prevent the Panchayat from referring the matter to the relevant Sub-Divisional Officer for initiating a proceeding under Section 23 (5) of the West Bengal Panchayat Act, 1973.

WPA 23197 of 2024 is disposed of.

Urgent photostat certified copy of this order, if

applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)