Public Interest Litigation can challenge illegal encroachments; pending title suits do not preclude authorities from acting under the West Bengal Panchayat Act.

JUDGMENT :

Partha Sarathi Sen, J.

1. We have heard the learned counsels for the respective parties.

2. By filing this instant writ petition, which is in the nature of Public Interest Litigation, the petitioner has prayed for issuance of appropriate writ or writs commanding the respondent nos.12 and 13 to remove illegal encroachment allegedly raised by them over plot no.1616 in Mouza- Kishorekona, J.L. No.115, PS-Indus, District-Bankura along with other ancillary reliefs including a relief in the nature of mandamus commanding the respondent nos.10 and 11 to initiate appropriate action under the West Bengal Panchayat Act, 1973 as against the private respondent nos.12 and 13.

3. At the time of hearing, learned counsel appearing on behalf of the writ petitioner at the very outset draws attention of ours to a print out of live data in respect of plot no.1616. Attention of ours is also drawn to copies of various representations as submitted by the writ petitioner with the respondent authorities.

4. It is submitted on behalf of the writ petitioner that despite submission of the representations alleging encroachment of public road by way of unauthorized construction at the instance of the private respondent nos.12 and 13 over the said plot of land, no action has been taken by the respondents authorities and, thus, the writ petitioner, being a public spirited person having no personal interest over the said plot of land, approached this Court for appropriate reliefs.

5. It is further submitted that pendency of Title Suit No.197 of 2025 as filed by the private respondents against some other persons cannot stand in the way in granting the relief as prayed for.

6. Mr. Chatterjee, learned counsel appearing on behalf of the respondent/State in his usual fairness submits before this Court that the jurisdictional BLLRO, being the respondent no.8 authority, may be directed to make a demarcation and to forward the demarcation report to the respondent no.6 authority and the respondent no.6 authority may be directed to remove the encroachment, if the same is reflected in the demarcation report of the jurisdictional BLLRO (respondent no.8).

7. Mr. Pati, learned counsel appearing for the respondent nos.10 and 11 has submitted a bunch of papers. It is submitted that by issuing the memo dated 10.03.2025 the Panchayat Authority communicated the private respondent no.12 that his house building application stood cancelled since the same is found to be inconsistent.

8. Learned counsel for the private respondents submits that from the copy of the plaint as filed in Title Suit No. 197 of 2025 before the jurisdictional Civil Court, as has been annexed at page nos.33-35 of the writ petition, it would reveal that the private respondents have sought for declaration of their title in respect of selfsame property and in such suit permanent injunction was sought for. She further submits that the instant writ petition has been filed solely with a purpose to frustrate the prayers as made in the said suit.

9. We have carefully gone through the entire materials as placed before us. We have also perused the provisions of Section 23 of the West Bengal Panchayat Act, 1973 (hereinafter referred to as the said “Act”). For effective adjudication of the instant lis, we propose to look to Section 23 of the said Act which is reproduced hereinbelow in verbatim.

“23. Control of building operations.- (1) No person shall erect any new structure or new building or make any addition to any structure or building having plinth area of not more than 150 square metres and height not m