Sukhendra Nath Banik And ANR. v. The State Of West Bengal And ORS.

D/L 60 22.04.2025 Court No.02 PRADIP CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE WPA 821 of 2025 Sukhendra Nath Banik & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Sunandita Banik ...petitioner no.2 appearing in-person.

Mr. Nabankur Paul Ms. Rima Sarkar ...for the State.

Mr. Arnab Saha ...for the Respondent no. 7.

1. None appears on behalf of the private respondents.

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

3. The petitioners allege illegal and unauthorized construction over their personal property by the private respondents.

4. It appears that the complaint of the petitioners was considered and the Pradhan granted opportunity of hearing to all the parties and have come to an opinion that the construction complained of was made without any sanction plan from the Gram Panchayat.

5. A communication has already been made by the Pradhan of the Gram Panchayat to the concerned Sub-Divisional Officer for taking necessary consequential steps.

6. The Sub-Divisional Officer is duty bound to take steps for demolition of the unauthorized construction in accordance with law.

7. In view of the above, the instant writ petition is disposed of by directing the Sub-Divisional Officer, respondent no. to take necessary steps in response to the communication made by the Pradhan on 17th April, 2025 in accordance with law, at the earliest but positively within a period of eight weeks from the date of communication of this order.

8. The communication made by the Pradhan of the Pararpar Gram Panchayat dated 17th April, 2025 be retained with the records.

9. Let a copy of the same be handed over to the petitioner no. 2 who is appearing in-person.

10. The writ petition stands disposed of.

11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)