The court held that the Pradhan of a Gram Panchayat has a duty to maintain records of the Gram Panchayat and to comply with the provisions of the West Bengal Trees (Protection and Conservation in Non-forest Areas) Act, 2006, and that failure to do so may result in prosecution under Section 11 of the Act.

1. IN the instant writ petition the petitioner Jalal Seikh has claimed that he is a cultivator living within Tenya-Baidyapur Gram Panchayat, P.O. Tenya, District Murshidabad. The Government introduced Jawhar Rojgar Yojona through three tire Panchayat system of the States and instructed to start plantation in different Panchayat area by engaging experienced persons in plantation and maintenance.

2. ACCORDINGLY, the petitioner entered into an agreement with the then Pradhan, Tenya-Baidyapur Gram Panchayat on 22.10.1988 with the following terms and conditions :-

"That as per the Scheme of Jawhar Rojgar Yojona from Nowapara Antur Shala to site of Powa gram in both side of the road the plantation work has been completed by the authority of Tenya-Baidyapur Gram Panchayat. For maintenance of such plant, Jalal Seikh son of Jehed Seikh the inhabitant of Village Nowapara has been entrusted the responsibility for a period of six months on payment of daily wages and after six months said Seikh will not entitled any wages. It may be noted herein that in accordance with law only that person will maintain the said plant. That ownership of 1/2 share of such plant would be in favour of the said person. That with the permission of Gram Panchayat and Forest Department he would have the right to remove the trees according to his share and the panchayat will make plant in those places at their own costs and expenses. It was also mentioned that when the age of the said trees would be 12 to 15 years Jalal Seikh according to his share would done his right to lop the trees and get his share of 1/2 of the total trees"

In terms of such agreement the petitioner planted more than 2,000 trees namely, Sishu which were matured and could be beneficial for the locality. So on 12th November, 2008 he made a prayer to the Block Development Officer, Bharatpur-ll Development Block (the respondent no. 5 herein) for grant of permission to appropriate 50 per cent share of the trees planted in the year 1988 in between Nowapara Antur Shala and towards Powagram Village.

3. ON 14th November, 2008 he also made detailed representation to the Pradhan of local Panchayat (the respondent No. 7 herein) for grant of permission to allow him to lop 50 per cent of the share of the total trees maintained by him as per agreement but both the above respondents refused or neglected to consider his prayer.

4. THE further case of the petitioner is that the respondent No. 7 without disposing his prayer issued an auction notice dated 30.12.2008 inviting general public to be present in the office of the Gram Panchayat on 01.01.2009 at 2:30 p.m. for an open auction of 24 dead Sishu trees situated within the area in between the house of Kalu Seikh of Village Nowapara and towards Subhederpur Road with certain terms and conditions and forwarded the same to the Block Development Officer, Bharatpur-ll Gram Panchayat for wide circulation. On the date of such auction more than 35 living trees were cut down by the persons allegedly declared as the highest bidder in presence of respondent No. 7 in the midst of protest by the present writ petitioner with large number of local inhabitants. On 2nd January, 2009 he made another representation to the Block Development Officer, Bharatpur-ll for taking necessary steps against such illegal auction since the petitioner is the owner of 50 per cent of total planted trees as per such agreement. But the said respondent No. 5 also remained silent and so on 14th January, 2009 the petitioner along with some villagers of the locality submitted a joint representation to the Range Officer of the concerned forest range (the respondent No. 6 herein) and the SDO, Kandi, Murshidabad (the respondent No. 4 herein) seeking necessary reliefs. They also filed a mass petition dated 15th January, 2009 to the District Magistrate, the respondent No. 2 herein, for causing an enquiry and for taking appropriate legal action against the persons involved in the said illegal act. B