JUDGMENT :

Apurba Sinha Ray, J.

1. Being aggrieved and dissatisfied with the Judgment and Order passed in Writ Petition no. 5513 of 2022, the present Appeal has been preferred by the appellant on the grounds, inter alia, that the impugned judgment and order passed by the Hon’ble Single Judge is bad in law and is required to be set aside.

The factual matrix

2. The backdrop of this appeal may be encapsulated as hereunder:

a) One Jagannath Ganguly, being the respondent number 10 herein, preferred one writ petition being number WPA 11714 of 2021 alleging, inter alia, that the present appellant constructed buildings without sanction plan from the concerned authority on an undivided plot in excess of her share and also without having the land converted into bastu. The Hon’ble Single Judge disposed of the said writ petition on 28.03.2021 asking the respondent no.10 herein, to approach the concerned Gram Panchayat Authorities by a fresh application and directing the said authorities to dispose of the said application with reasons after making necessary inspection on the spot and also taking evidence, both oral and written, from the concerned parties.

b) After giving opportunities to the parties, holding inspection on the spot in presence of parties, their learned Advocates, concerned BL&LRO, R.I., examining documents produced on the spot, and consulting records of Panchayat Office, the Panchayat Pradhan, Medinipur Gram Panchayat, Onda, Bankura, came to the conclusion that the Appellant constructed buildings without sanctioned plan on several plots, and without permission from the Authorities.

c) Thereafter the matter was sent to the Sub Divisional Officer, Bankura at the instance of the Pradhan, Medinipur Gram Panchayat, Onda, Bankura for taking appropriate action. The prayer for post facto sanction, submitted by the appellant, was rejected by the said Pradhan. The Sub Divisional Officer, Sadar, Bankura had given opportunities to the parties for being heard but the appellant did not appear before the SDO Barkura on two occasions citing medical grounds. The SDO, after considering the material before him and also after taking into consideration the reports submitted by the concerned persons, directed the appellant to demolish the structure constructed by her. Against the said order the appellant filed WPA No. 5513 of 2022 praying for issuing writ of mandamus commanding the respondents and their agents to cancel or set aside the memo number 238/MGP dated 02.03.2022 issued by the Pradhan of Medinipur Gram Panchayat, Onda, district Bankura and also to cancel/set aside the order dated 10.03.2022 passed by the Sub Divisional Officer, Bankura. Prayer was also made for issuance of writ in the nature of mandamus commanding the respondents and their agents to grant post facto permission and approval by the respondent authority in favour of the petitioner for construction of her house on her own land situated at plot nos. 473/712 and 473/713 which are classified as bastu and 473/714, 472, 475 which are classified as Tora without any further delay.

d) The learned Single Judge by order dated 22nd June 2022 disposed of the writ petition no. 5513 of 2022 by holding that there is no reason to interfere with the demolition order passed by the SDO, Bankura. The learned Judge has also directed the SDO, Bankura to take necessary steps for implementing the order of demolition at an early date, positively within a period of 8 weeks from the date of communication of the order.

The present appeal has been preferred against the said order.

Submission from the Bar

3. The Learned Advocate, Mr Chatterjee, appearing for the appellant, has submitted, in a nutshell, that the construction of dwelling house of the appellant was admittedly made without any sanctioned plan but the enquiry report and the other documents do not disclose the fact whether the appellant would have been refused a sanctioned plan for the construction in question, if a valid application had been made prio