Madhai Mondal & Madhab Chandra Mondal v. State Of West Bengal & ORS

Ct-24 ar 14.01.2021 WPA 22207 of 2019 Sri Madhai Mondal @ Madhab Chandra Mondal Vs.

The State of West Bengal & Ors.

Md. Mokaram Hossain Mr. Sandipan Maity ... For the Petitioner Affidavit of service filed in Court is retained with the record.

None appears on behalf of the respondents, despite service.

The petitioner complains of illegal and unauthorized construction being made at J.L no. 93, Hal Khaitan No. 1200, Hal Dag No. 1538, Ejmali Dag no. 1498.

The petitioner made a representation before the Panchayat by a letter dated 4th November, objecting to the aforesaid illegal construction.

The petitioner complains that his representation has not been considered by the respondent authorities till date.

As it appears that the representation of the petitioner is pending consideration at the end of the Panchayat, no useful purpose will be served by keeping this writ petition pending.

The writ petition is accordingly disposed of by directing the Pradhan of the Jagulgachi Gram Panchayat being the respondent no. 3 to consider the said representation made by the petitioner, strictly in accordance with law, within a period of four months from the date of communication of a copy of this order.

The said respondent shall take steps in the matter after giving an opportunity of hearing to

the petitioner and all other necessary parties. The action taken by the said respondent shall be intimated to the petitioner and all other necessary parties immediately thereafter.

It is made clear that this Court has not gone into the merits of the claim of the petitioner and all points are left open to be decided by the said respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of his representation at the time of communication of a copy of this order for the purpose of compliance.

WPA 22207 of 2019 stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

(Amrita Sinha, J.)