Sajal Kumar Pandit v. State Of West Bengal And ORS.

11.04.2025 Ct. No.551 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 28907 of 2024 Sajal Kumar Pandit v.

The State of West Bengal & Ors.

Mr. Subrata Ghosh Mr. Mohim Sasmal ... For the petitioner Mr. Ansar Mondal, AGP Mr. Tanveer J. Mondal ... For the State Mr. Sudip Sarkar Mr. Bitan Sarkar ... For the respondent nos.7 and 8 Affidavit of service filed in Court is taken on record.

The writ petitioner is aggrieved by the inaction of the respondents in not taking appropriate steps in respect of the petitioner's representation dated July 24, 2024 made to the respondents.

Learned advocate appearing for the petitioner submits that the private respondents have cut down palm trees standing on the land of the petitioner, without obtaining any permission from the Forest Department. It is submitted that the despite the aforesaid illegal act being brought to the notice of the respondent Forest Authorities, no steps have been taken by them.

Learned advocate appearing for the respondent nos.7 and 8 disputes the submission made by the petitioner.

In view of the nature of grievance raised by the petitioner, no useful purpose will be served by keeping this writ petition pending.

The writ petition is, therefore, disposed of by directing the Divisional Forest Officer, Hooghly Division, being the respondent no.3, to dispose of the petitioner's representation dated July 24, 2024 by passing a reasoned order upon hearing the petitioner as well as the private respondents or their authorized representatives. The said Divisional Forest Officer, Hooghly Division, shall communicate the reasoned order so passed to the petitioner as well as the private respondents within a week from passing thereof. The entire exercise shall be concluded within a period of six weeks from the date of communication of this order.

In case it is found by the Divisional Forest Officer, Hooghly Division, that any person is guilty of having cut down any tree or having committed any act in violation of the Indian Forest Act 1927 and the relevant Rules and Regulations governing the subject matter and the persons concerned, the said authority shall forthwith take appropriate steps in accordance with law against such person.

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

(Om Narayan Rai, J.)