Anowara Begum And ORS. v. State Of West Bengal And ORS.

Item No.33 11.03.2024 s.h In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 27061 of 2023 Anowara Begam & Ors.

-versus The State of West Bengal & Ors.

Mr. Golam Karim Choudhury ...For the Petitioners.

Ms. Sucharita Roy Mr. Ritoban Sarkar ... for the State.

Mr. Sabyasachi Chatterjee Mr. Sandipan Das Mr. Badrul Karim ... for the private respondents 9-12.

The petitioners complain of illegal and unauthorized construction at the behest of the private respondents.

Complaint lodged against such unauthorized construction is pending consideration. Learned advocate representing the private respondents denies the allegation of the petitioners. None represents the Gram Panchayat.

As it appears that the representation of the petitioners 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. 6 to consider and dispose of the representation made by the petitioners, strictly in

accordance with law, after giving an opportunity of hearing to all the necessary parties, including the petitioners, at the earliest, but positively within a period of three months from the date communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties, including the petitioners, immediately thereafter.

In the event the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorized construction, in accordance with law.

It is made clear that this Court has not entered into the merits of the claim made by the petitioners and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioners.

The Panchayat Authority will not decide the right, title and interest of the parties and will restrict the decision only with regard to unauthorized construction being made without a sanctioned plan.

Learned advocate appearing for the petitioner is directed to forward a copy of the representation posted on November 7, 2023 to the aforesaid respondent at the time of communicating the order of the Court. The writ petition stands disposed of.

Report filed by the Inspector In Charge, Ausgram Police Station, Purba Bardhaman dated December 6, 2023 be kept on record.

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

( Amrita Sinha, J.)