Nirmal Kumar Singha v. State Of West Bengal And ORS.

Sl. No.277 27.06.2022 Court No.24 B.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 8900 of 2020 Nirmal Kumar Singha

Versus

The State of West Bengal & Ors.

Mr. Malay Bhattacharyya Mr. Subhrajyoti Ghosh ... for the petitioner Mr. Santanu Kumar Mitra Mr. Sudip Sarkar ... for the State None appears either on behalf of the Pradhan Chapra Kapista Gram Panchayat or the private respondent no.6.

The petitioner alleges that the private respondent no.6 has made construction of a Jhupri and cow shed by encroaching upon his private property.

It appears that there was a settlement made between the parties at the instance of the Prodhan of the Gram Panchayat in June, 2020.

The petitioner alleges that in spite of settlement arrived at between the parties, the private respondent is not taking any steps to abide by the terms and conditions of settlement.

It appears that the private respondent did not make any pucca construction which requires a sanction from the Panchayat.

The petitioner alleges encroachment by the private respondent. The Prodhan is not the appropriate authority to take decision with regard to encroachment of private land by private parties. The private dispute ought to be settled before the appropriate Court of law. In view of the above, the instant writ petition is disposed of granting liberty to the petitioner to approach the appropriate forum for redressal of his grievances, if so advised.

Writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

( Amrita Sinha, J.)