Sk. Sakil v. The State Of West Bengal

Item No.233 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 03.10.2023 Ct-24 BP WPA 7641 of 2020 With CAN 1 of 2020 Sk. Sakil v.

The State of West Bengal & Ors.

Ms. Gopa Biswas ..for the petitioner Affidavit of service filed in Court is taken on record.

The petitioner complains of illegal and unauthorized construction at the behest of the private respondent.

The petitioner relies upon the communication made by the Prodhan of the Gram Panchayat that the construction is illegal and unauthorized and no plan was sanctioned from the gram panchayat for raising such construction.

The complaint filed before the Prodhan of the Gram Panchayat seeking removal of the unauthorized construction is pending consideration for a considerable period of time.

None represents the respondents.

As it appears that the representation of the petitioner 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.5 being the Guptipara Gram Panchayet (2 No.) to consider and dispose of the representation made by the petitioner strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties including the petitioner within a period of three months from the date of 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 petitioner immediately thereafter. A spot inspection shall be conducted to ascertain the nature and extent of unauthorized construction.

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.

The aforesaid respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or decide any private dispute of the parties regarding right, title and interest in respect of the aforesaid land. It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated 29th April, 2020 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition and connected application stand 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.)