Gopal Hazra v. The State Of W.B. & ORS

09.04.2024 Ct. No. 15 adeb W.P.A. 31170 of 2017 Gopal Hazra Vs.

The State of West Bengal & Ors.

Mr. Anil Kr. Chatterjee Mr. Dinesh Pani ...for the petitioner Mr. Gausul Alam Mr. Ranjit Rajak ...for the State Affidavit-of-service filed on behalf of the petitioner is taken on record.

In spite of service of notice upon the respondent nos. 3 and 5 those respondents are not represented today.

Learned advocate representing the petitioner complains of unauthorized construction at the instance of respondent no. 5 and in this regard attention of this Court has been drawn to complaint dated 23rd November, 2017 addressed to the Pradhan, Hayatpur-II Gram Panchayat, District-Hooghly. On perusal of the said complaint dated 23rd November, 2017 it appears that both the petitioner and respondent no. 5 are the shebaits of the property in question and it has been contended that the respondent no. 5 without obtaining permission from the concerned gram pachayat has made unauthorized construction.

State-respondents are represented by learned advocate who submits that if the complaint has been made before the Pradhan the same needs to be considered in terms of Section 23(6) of the West Bengal Panchayat Act, 1973.

Having considered the submissions made on behalf of the parties and taking note of the complaint dated 23rd November, 2017 Pradhan, Hayatpur-II Gram Panchayat, District-Hooghly being respondent no. 3 is directed to take decision on the said complaint dated 23rd November, 2017 after granting opportunity of hearing to the petitioner and the respondent no.

or their representative within a period of 12 (twelve) weeks from the date of communication of this order and reasoned order to be passed by the respondent no. 3 shall be communicated to the parties within 1 (one) week thereafter.

However, it is made clear if it is found that construction has been made by the respondent no. 5 without valid sanctioned plan, appropriate steps shall be taken by the concerned gram panchayat for demolition of the said construction on compliance of necessary formalities.

With the aforesaid directions, the writ petition stands disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)