Paritosh Rana And ANR v. State Of West Bengal And ORS.

22.12.2023 Court No. 24 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 28622 of 2023 Paritosh Rana & Anr.

-versus State of West Bengal & Ors.

Mr. Sabyasachi Chatterjee.

Mr. Sandipan Das.

Mr. Omar Faruk Gazi.

Mr. Badrul Karim.

...For the Petitioners.

Mr. Lalit Mohan Mahata.

Mr. Rudranil De.

... For the State.

Affidavit-of-service filed in Court today is taken on record.

The petitioners are aggrieved by the order passed by the Pradhan, Maheshpur Gram Panchayat on 6th December, 2023.

By the said communication the Panchayat intimated the noticee, Gouri Rana, that upon inspection it was found that the noticee was occupying portions of the Panchayat road by constructing temporary room. The noticee has been directed to remove the said room.

The noticee of the said communication is one Gouri Rana, daughter of Sri Sonatan Rana. The noticee is not a party in the instant writ petition. The petitioners claim that Gouri is a co-sharer of the property. There is no averment in the writ petition

about the relationship of the petitioners with the noticee.

The noticee not being a party, the petitioners cannot espouse her cause in the present writ petition. If any notice is issued to the petitioners, then it will be open for the petitioners to challenge the same in accordance with law, if so advised.

No relief can be granted to the petitioners in the instant writ petition.

The writ petition fails and is hereby dismissed. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)