Kamal Chakraborty v. State Of West Bengal Service Through Its Secretary Dept. Of Panchayats ANR Rual Dev. And ORS.

03.10.2024 Sl.No.72 Ct. No.15 S.A.

WPA 23215 of 2024 Kamal Chakraborty -vsThe State of West Bengal & Ors.

Mr. Nilanjan Bhattacharjee Mr. Abhilash Chatterjee ...for the petitioner Ms. Ipsita Banerjee Mr. Chandan Kumar Mandal ...for the State The petitioner asserts ownership of L.R. Plot No. 1035, Khatian No. 2846, Mouza Argori, Sankrail, District Howrah. The petitioner alleges that Andul Gram Panchayat is undertaking construction for a tube well and a cooling water dispenser on his land without following the proper acquisition process. The learned advocate representing the State submits that if the petitioner submits a representation to the Block Development Officer, Sankrail Block, regarding his grievance, such representation will be considered in accordance with the law.

I find no justification for keeping this writ petition pending. Accordingly, I dispose of this writ petition with a directive to the Block Development Officer, Sankrail, to conduct a survey to ascertain whether construction is undertaken on the petitioner's land. This survey should be carried out in the presence of the petitioner. The Block Development

Officer shall address the petitioner's grievance in light of the survey report, providing an opportunity for a hearing. The entire process should be completed within three months from the date of this order. Unless the Block Development Officer passes his decision and communicates it to the petitioner, Andul Gram Panchayat shall not proceed with any further construction on the relevant plot.

The Officer-in-Charge of Sankrail Police Station is directed to ensure that no construction work is conducted on the relevant plot during the period specified in this order.

Accordingly, WPA 23215 of 2024 is disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities.

(Kausik Chanda, J.)