11.08.2025 Sl. No.30(DL)

Ct. No.42 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 13821 of 2023 Manas Kumar Sahana Versus State of West Bengal & Ors.

Mr. Mukteswar Maity, Mr. Prabir Roy, Ms. Nupur Chaudhuri …for the Petitioner.

Mr. Mahadeb Sarkar …for the State.

By the present writ petition, the petitioner seeks for demolition of illegal and unauthorised construction undertaken by the private respondent No.9 over RS and LR Plot No.1679 under Mouza Kendur, J.L. No.111, P.S. Khandoghosh, under Gopalbera Gram Panchayat, District-Purba Bardhaman.

The petitioner contends that he along with private respondent No.9 are the co-sharers in respect of Plot No.1679 which is classified as ‘ doba ’. The petitioner filed a civil suit being Title Suit No.222 of 2023 alleging of such forcible construction before the learned Civil Judge (Junior Division), 1st Court, Purba Bardhaman. The petitioner has also made representation before the Pradhan, Gopalbera Gram Panchahat, respondent No.6 and other respondents, however no steps has been taken. Hence, this writ petition.

Mr. Mukteswar Maity, learned Advocate for the petitioner submits that the Pradhan be directed to consider the representation of the petitioner dated 7th February, 2022. He informs the Court that there is no order of injunction passed by the learned civil court.

State is unrepresented.

Mr. Mahadeb Sarkar, learned Advocate, who usually appears on behalf of the State-respondents is requested to appear in this matter. The appearance of the Mr. Sarkar be regularised by the concerned authority.

Let a copy of the writ petition along with annexure be served upon the learned Advocate for the State respondent.

Mr. Sarkar submits that the matter may be relegated to the Pradhan to cause enquiry.

Despite service, none appears on behalf of private respondent no.9.

In view of the above and considering the submissions advanced by learned Advocates for the appearing parties, the respondent No.6, Pradhan, Gopalbera Gram Panchayat is directed to consider and dispose of the representation of the petitioner dated 7^th February, 2022 by adopting the following procedure: (i) Cause an inspection on the property-in-question upon notice to the petitioner as well as private respondent No.9. A report of such inspection along with sketch map be prepared, which shall be handed over to the parties.

(ii) Thereafter the parties shall be heard upon notice and representation of the petitioner dated 7th February, 2022 shall be disposed of by a reasoned order which shall be communicated to the parties within a week of passing of such orders. Parties are granted liberty to produce all relevant records and documents before the Pradhan at the time of hearing.

(iii) On the basis of materials transpiring during inspection and hearing, the proceedings shall be taken to its logical conclusion in terms of provisions of Section 23 of West Bengal Panchayat Act.

(iv) The entire exercise shall be completed within a period of two months from date of communication of this order.

The learned Advocate for the petitioner is directed to communicate this order to the respondent No.6, Pradhan, Gopalbera Gram Panchayat along with copy of the representation dated 7th February, 2022.

It is made clear that this Court has not gone into the merits of this writ petition.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

With the aforesaid directions, the writ petition being WPA 13821 of 2023 is disposed of.

Interim order, if any, stands vacated.

All connected applications, if any, stand disposed of.

There shall be no order as to costs.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)