Saifuddin Mondal v. State Of West Bengal And ORS.

M/L 235 09.04.2024 Court No. 24 Sayandeep WPA 25455 of 2023 Saifuddin Mondal Vs.

State of West Bengal & Ors.

Mr. Keshab Chandra Das Ms. Aparajita Mondal ... for the petitioner Mr. Rudranil De Mr. Ziaul Haque Mr. Anirban Das ..... for the respondent Nos. 11 & 12 The petitioner complains that the Panchayat is constructing road over the private land of the petitioner. Objection filed against such unauthorized construction is pending consideration.

Learned advocate representing the private respondent nos. 11 and 12 submits, upon instruction that, the land in question is the private land which is common to the parties which the petitioner has encroached.

Without entering into the issue of ownership of the land in question as the petitioner has alleged that the Panchayat is making road over his private land, accordingly, the instant writ petition is disposed of by directing the BDO being the respondent No. 6 to consider the objection filed by the petitioner in accordance with law after giving reasonable opportunity of hearing to all the necessary parties for

production of document in support of their respective stand. A reasoned order shall be passed and communicated to the parties. Steps shall be taken in the matter at the earliest but positively within a period of five months from the date of communication of this order.

All remedial measures shall be taken by the BDO in the event the allegation made by the petitioner is found to be proper.

The writ petition is disposed of.

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

(Amrita Sinha, J.)