Sarbani Brahma v. The Secretary, Panchayat And Rural Development, Joint Administrative Building And ORS.

09.01.2025 Item No.6 PG/KS Ct. No.1 W.P.A.(P) 453 of 2024 Sarbani Brahma

Versus

The Secretary, Panchayat and Rural Development & ors.

Mr. Gausul Islam Mr. Aktaruzzaman .........for the petitioner Mr. Sandipan Banerjee Mr. Ankit Surekha........for the Howrah Municipal Corporation Mr. Sk. Md. Galib Mr. Abu Siddique Mallik.....for the State Ms. Manideepa (Paul) Roy.....for the respondents 16 to 20

1. This is a writ petition filed as a public interest litigation by a person, who is a resident of Kalighat alleging that there is illegal construction in a pond in R.S. Dag No. 973/L.R. Dag No. 953, R.S. Khatian No. 1153, L.R. Khatian No.-495,10022,14368-14387, District-Howrah, Block-Domjur, Mouza-Bankra by the respondent nos. 13 and 15.

2. Mr. Galib, learned Government Counsel submitted that in respect of the same property, another writ petition was filed in W.P.A. 10707 of 2020 in which direction was issued to the Pradhan to take action on the representation and as against that order, an intraCourt appeal was filed, which was dismissed by the Hon'ble Division Bench. Thereafter the said writ petitioner has filed a contempt petition in CPAN 912 of

2021 and by order dated December 6, 2024 service of copies of the affidavit has been directed.

3. Since the matter is already seised of by a learned Single Bench, the question of entertaining this writ petition that too at the behest of a resident of Kalighat does not arise.

4. Accordingly, the writ petition is dismissed.

5. No costs.

6. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)