Gopal Biswas @ Gopal Chandra Biswas & ANR v. State Of West Bengal & ORS

13-01-2021 Subrata Item no. 68

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA No.20996 of 2019 Gopal Biswas @ Gopal Chandra Biswas & Anr.

-vsThe State of West Bengal & Ors.

Mr. Amal Kumar Banerjee ...for the petitioners None appears on behalf of the respondents despite service. Affidavit of service filed in court is retained with the records.

The petitioners allege illegal and unauthorised construction in Khatian no.194, Dag no.889, Mouza - Baro Amalpur, JL No.78 P.S. Mayureshwar in the district Birbhum.

The first petitioner has filed a representation to that effect before the Prodhan of the Kundala Gram Panchayat dated September 7, 2019. But no steps, as alleged, have been taken till date.

As it appears that the first petitioner has already ventilated his grievance before the respondent-authorities and that the same has been kept pending for a considerable period of time, hence no purpose will be served in keeping the writ petition pending.

The writ petition is, accordingly, disposed of by directing the Prodhan of the Kundala Gram Panchayat, the respondent no.8 herein, to consider the representation strictly in accordance with law, after giving an opportunity of hearing to the petitioners and all other necessary parties, and give a reasoned decision, within a period of four

months from the date of communication of a copy of this order. Once the decision is given that shall be communicated to the petitioners and the necessary parties immediately thereafter.

It is made clear that this court has not gone into the merits of the prayer of the petitioners and all points are left open to be decided by the said respondents at the time of consideration of the representation of the petitioners. The petitioners are directed to forward a copy of their representation along with the supporting documents to the Prodhan at the time of communication of this order. [Amrita Sinha, J]