JUDGMENT :

Partha Sarathi Sen, J.

1. In this writ petition the writ petitioner has prayed for issuance of a writ of mandamus upon the respondents to take steps for cancellation of the sanctioned building plan as granted in favour of the private respondent no.11 and to demolish the construction of the private respondents at plot no.342, JL no.79, Mauja Jalaghata, Block and P.S Singur, District Hooghly.

2. It is the case of the writ petitioner that the private respondents more specifically respondents nos.10 and 11 are the owners of an adjacent land of the property of the writ petitioner particulars of which is given in paragraph 2 of the writ petition. It has been alleged in the writ petition that the private respondent nos.10 and 11 started illegal construction over such adjacent plot of land violating the provisions of West Bengal Panchayat Act, 1973 (hereinafter referred to as the said ‘Act’) and also the provisions of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004 (hereinafter referred to as the said ‘Rules’).

3. It is the further grievance of the writ petitioner that the writ petitioner has started using the said building for commercial exploitation by setti