Abdul Sharukh v. The Director, Panchayati Raj Institution

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/393/2022 Abdul Sharukh Vs.

The Director, Panchayati Raj Institution Mr. Ananda Halder .... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondent February 23, 2024 [SR] Item No.17 This is an application praying for a direction upon the respondent authorities, particularly the respondent no.2, the Pradhan, Gram Panchayat, Hut Bay to hand over the shop room No.1 to the petitioner for the purpose of business and accept the rent for the shop room.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner was allotted a shop room by the Gram Panchayat, but the possession of it was not handed over to him. It appears that there is an illegal occupant in the said property. Representations have been made in this regard for removal of the illegal occupant, but nothing has been done. It is germane to mention that initially, the property belongs to the Panchayat Samiti. Thereafter, it was handed over to the Gram Panchayat. It was at that point that the present allotment was made. At present the control of the property has again been handed over to the Panchayat Samiti. It appears from a letter dated 22.09.

2023 written by the Pramukh, Panchayat Samiti to the Director, Directorate of RD, PI & ULBs, Andaman and Nicobar Administration, Port Blair that the Panchayat Samiti was acknowledging the fact that a valid allotment had been made by the Gram Panchayat to the petitioner, but there was an illegal occupant in respect of the said property. The Samiti sought immediate and necessary action to evict the illegal occupant of the said Panchayat Samiti room at Mutton Market. Despite this, the Administration has not taken any steps to evict the illegal occupant.

The learned counsel appearing on behalf of the respondent authorities submits that it was the Panchayat Samiti which was in control of the shop room in question, and therefore, it is for them to evict the illegal occupant.

It is ironical that the Andaman and Nicobar Administration says that it is not for them to evict the illegal occupant, while a request is being made by the Panchayat Samiti concerned to the Administration seeking such eviction. It also does not appear that the Administration has responded to the letter dated 22.09.2023 sent by the Panchayat Samiti in this regard.

Simply because the authorities would keep on shifting control of the shop room from one entity to the other, the petitioner cannot be made to run from pillar to post to pursue his reliefs. In view of the above, the writ petition is disposed of with the following directions:- (a) The respondent authority in co-ordination with the Panchayat Samiti, shall take necessary steps to cause eviction of the illegal occupant from the shop room at the earliest, preferably within three months from the date of communication of this order, after providing adequate opportunity of hearing to all parties concerned. (b) After removal of the illegal occupant, the concerned Samiti/Panchayat shall hand over possession of the shop room to the petitioner and receive rent as per the earlier allotment.

With these observations, the writ petition is disposed of. Urgent certified photostat copy of this order, if applied for, be supplied to the parties, upon compliance of usual formalities. ( Jay Sengupta, J. )