Avirit Dey And ORS v. State Of West Bengal And ORS.

05.03.2021 TN WPA 10486 of 2020 (Via Video Conference) Avirit De and others Vs.

State of West Bengal and others Mr. Balai Lal Sahoo, Mr. Manoranjan Mahato ... for the petitioners.

Mr. Ayan Banerjee ...for the respondent.

Supplementary affidavit filed today be kept on record.

The primary grievance petitioners is that the private respondents have been raising construction, thereby intruding into the petitioners' property, in contravention of Section 5 of the West Bengal Religious Buildings and Places Act, 1985. Such provision contemplates a prior permission Collector, if construction is made in a District or of the Commissioner of Police of Calcutta, if within the city, for raising the same. It is alleged that the private respondents have not taken

any such permission. By referring to Section 7 of the 1985 Act, learned counsel for the petitioners further argues that the Collector has power to direct removal unauthorized construction or conversion in the event of contravention of Section 5 of the Act.

Learned counsel appearing for the State-respondent submits that the police have taken appropriate action on complaints of the petitioners. However, it is the prerogative of the Collector to decide whether there has been any violation of Section Act.

The representation of the petitioners to the District Magistrate/Collector (respondent no.2) is annexed at page 43 of the writ petition.

In view of the allegations made, WPA 10486 of 2020 is disposed of by directing respondent no.2 to decide the representation of the petitioners, being Annexure-P2 at page 43 of the writ petition, as expeditiously as possible, preferably within four weeks from the date of communication of this order to respondent no.2, upon giving

opportunity to all interested parties including the petitioners and the private respondents to file their representations and/or afford opportunity to them personal hearing, if deemed necessary by the respondent no.2 for such purpose.

Upon arriving at a decision on such representation, respondent no.2 shall immediately communicate the same to the petitioners as well as to private respondents. The parties are to act on the communication by learned advocates and/or server copy of this order without insisting on prior production of a certified copy.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)