Ananta Kumar Das v. State Of West Bengal And ORS.

ML 09.04.2024 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 24956 of 2023 Ananta Kumar Das -versus The State of West Bengal & Ors.

Mr. Balaram Pandit.

Mr. Krishna Deo Das.

...For the Petitioner.

Mr. Siddhartha Sarkar.

... For the respondent nos. 9 and 10.

Affidavit-of-service filed today in Court be kept with the records.

The petitioner alleges illegal and unauthorised construction at the behest of the private respondents. Objection filed against such unauthorised construction is pending consideration.

The private respondents deny the allegation of the petitioner. It has been submitted that the construction has been made in accordance with the PMAY Scheme. A completion certificate has been issued by the Pradhan of the Gram Panchayat in November 2023.

As it appears the objection against the unauthorised construction is pending consideration, accordingly, without entering into the merits of the claim of the petitioner at this stage, the instant writ petition is disposed of by directing the Block Development Officer, Mohanpur III Block, being respondent no. 3 herein to decide the issue after giving reasonable opportunity of hearing to all the necessary

parties for production of documents in support of their respective stand.

A decision shall be taken at the earliest but positively within a period of five months from the date of communication of this order.

A reasoned order shall be passed and communicated to the parties.

If any remedial measure is required to be taken, the same shall be taken immediately thereafter. The writ petition stands disposed of.

Urgent certified copy of this order, if applied for, be supplied to the parties expeditiously, on compliance of usual legal formalities.

( Amrita Sinha, J.)