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HIRANMAY BHATTACHARYYA
Rakesh Kumar Gupta – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
HIRANMAY BHATTACHARYYA, J.
1. Since identical questions of law and fact are involved in these writ petitions, the same are taken up for analogous hearing and are decided by this order.
2. The order of the Block Development Officer, Matigara-I Development Block dated 19.06.2020 is under challenge in WPA 568 of 2021.
3. The permission for construction granted by the Prodhan, Matigara-I Gram Panchayat on 26.02.2020 in favour of the private respondent no.8 is under challenge in WPA 1725 of 2021 and the petitioner has prayed for cancellation of such permission.
4. A civil suit filed by the petitioner herein praying for declaration of his right, title and interest in respect of the property in question against the private respondent no.8 herein is pending before the Civil Court. Alleging that the private respondent no.8 has encroached upon the PWD road and was making construction thereupon, the petitioner herein filed a writ petition being WPA 278 of 2020 which was disposed of by an order dated February 24, 2020.
5. Pursuant to the said order, the Block Development Officer passed the order dated 19.6.2020 by observing that the construction is on private (raiyat) land owned by Sri Na
The main legal point established in the judgment is that construction within the jurisdiction of the Gram Panchayat cannot be made without prior written permission, and any construction made in contr....
The court emphasized that demolition orders under the West Bengal Panchayat Act must come from authorized bodies, prohibiting post facto sanctions for unauthorized constructions.
Illegal construction – Demolition of - Executive and political apparatus of the State take serious view of the menace of illegal and unauthorized constructions and stop their support to the lobbies o....
withdrawing the Suit or Writ Petition, fresh suit or Writ Petition is not maintainable.
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