Sarifa Bibi v. State Of West Bengal And ORS.

07.11.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 26077 of 2024 Sarifa Bibi Vs.

The State of West Bengal & Ors.

Mr. Atis Kumar Biswas, Ms. Jyoti Agarwal ...for the petitioner Mr. Rudranil De, Mr. Chandan Chakraborty ...for the State Mr. Sarbananda Sanyal ...for the private respondent The Affidavit of Service filed today be kept with the records.

The grievance of the petitioner is directed against unauthorized construction. It is fairly admitted by both the parties that the land in respect of which such alleged construction has taken place, is government land and on public road. On behalf of the State respondents it is submitted that the grievance of the petitioner cannot be adjudicated under the provisions of the West Bengal Panchayat Act, and the petitioner must invoke the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.

On behalf of the petitioner it is submitted that the Sub Divisional Officer is authorized to initiate proceedings in respect of any unauthorized construction insofar as public premises are concerned.

In view of the fact that the grievance of the petitioner pertains to alleged illegal construction on public land, there is no provision under the West Bengal Panchayat Act, 1973 to afford any relief to the petitioner.

In view of above, W.P.A. No. 26077 of 2024 stands dismissed on the ground of maintainability. Liberty is granted to the petitioner to take appropriate steps in accordance with law, if so advised.

Enquiry Report filed on behalf of the Police Authorities be kept with the records.

It is made clear that there has been no adjudication on the merits of the case.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities.

(Ravi Krishan Kapur, J.)