Dayamay Sardar v. State Of West Bengal And ORS.

05-03-2024 Item No.36 Subrata Bhattacharyya AR(C)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA No.24855 of 2023 Dayamay Sardar -vsThe State of West Bengal & Ors.

Mr. Gorachand Samanta Mr. Loknath Pal ...for the petitioner Ms. Mousumi Chowdhury Mr. P.S. Sen Sharma ...for the State It is submitted that a complaint dated August 22, 2023 (Annexure P5, p.36) lodged by the petitioner against unauthorised construction made at the instance of the private respondent is pending consideration. In view of the order that I propose to pass, none of the non-appearing respondents would be prejudiced if the writ petition is disposed of in the following manner. As it appears that the representation of the petitioner objecting to the illegal and unauthorized construction is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no.7 being the Pradhan, Sonarpur-II Gram Panchayat, P.O.

Bidyadharpur, under the Sonarpur police station, district South 24 Parganas to consider and dispose of the petitioner's representation dated August 22, 2023 strictly in accordance with law by giving a reasoned decision, after giving an opportunity of hearing to all the necessary

parties, including the petitioner, within a period of three months from the date of communication of a copy of this order. The reasoned decision once passed shall be communicated to all the necessary parties, including the petitioner forthwith.

A spot inspection shall be conducted to ascertain the nature and extent of the unauthorised construction. In the event the said respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid of the sanctioned plan, then necessary steps shall be taken dealing with such unauthorized construction, in accordance with law.

The said respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or decide any private dispute between the parties regarding right, title and interest in respect of the concerned land. It is made clear that this court has not entered into the merits of the petitioner's claim, and that all points are left open to be decided by the said respondent at the time of consideration of the petitioner's representation.

The petitioner is directed to forward a copy of the representation dated August 22, 2023 to the said respondent at the time of communication of the order of the court.

Report filed by the Inspector-in-charge, Sonarpur police station dated February 21, 2024 be retained with the record.

The writ petition stands disposed of. No order as to costs.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]