21.05.2025 Sl. No.29(DL)

Ct. No.39 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 1499 of 2024 With CAN 1 of 2024 Nitai Sardar & Anr.

Versus The State of West Bengal & Ors.

Mr. Malay Bhattacharyya, Mr. Subhrajyoti Ghosh, Ms. Sudipa Sengupta …for the Petitioners.

Mr. K.J. Yusuf, Ms. Rupsa Chakraborty …for the State-respondents.

Mr. Pankaj Halder, Mr. Neelabha Bera, Mr. Bodhidipta Mandal …for the Respondent No.6.

Affidavit of service filed on behalf of the petitioners is taken on record.

This writ petition is filed for setting aside order dated 29^th December, 2023 passed by the respondent No.5, the Block Development Officer, Mathurapur-II Development Block.

The petitioners contend that undivided plot of land comprised within Plot No.3546 situated at Mouza- Raidighi, J.L. No.122, District-South 24-Parganas has been occupied by the ancestor of the petitioners since long. The private respondent No.6 is in occupation of the adjacent plot and is creating nuisance in the peaceful possession of the petitioners. The petitioners filed a writ petition being W.P. No.4373(W) of 2018. Pursuant to the order passed in the aforesaid writ petition, Pradhan of the local Gram Panchayat conducted a meeting between the petitioners and the private respondent wherein it was observed that the petitioners are the occupiers of the plot in question and the pucca construction on the said plot of land has been done from the fund received under the Pradhan Mantri Awas Yojna Scheme. Hence, no sanction is required. Challenging such decision of the Gram Panchayat, the respondent No.6 filed a writ petition before this Court being WPA 13167 of 2021. The said writ petition was disposed of directing the private respondent No.6 to approach before the respondent No.5, Block Development Officer regarding his grievance as to whether any fund actually had been sanctioned in favour of the petitioners under the Pradhan Mantri Awas Yojna Scheme. Pursuant to the order passed in the aforesaid writ petition, the Block Development Officer passed order holding that no such fund has been sanctioned in favour of the petitioners under the Pradhan Mantri Awas Yojna Scheme and the matter has been referred to the Sub-Divisional Officer, Diamond Harbour under Section 23(5) of the West Bengal Panchayat Act, 1973. The Block Development Officer has failed to consider that the petitioners are the occupiers of the land in question and work of construction, which has been undertaken by the petitioners, does not require a sanction building plan as is held by Gram Panchayat in the earlier meeting. Being aggrieved and dissatisfied with the order passed by the respondent No.5, the Block Development Officer, the petitioners have preferred the present writ petition.

Mr. Malay Bhattacharyya, learned Advocate for the petitioners submits that the petitioners are in occupation of the undivided plot-in-question and the work of construction has been undertaken from the fund under the Pradhan Mantri Awas Yojna Scheme. As per Rule 19 of the West Bengal Gram Panchayat (Administrative) Rules, 2004 no such sanction is required for making such construction from the fund under the Pradhan Mantri Awas Yojna Scheme. Hence, the order of the Block Development Officer is perverse and should be set aside.

On the contrary, Mr. Pankaj Halder, learned Advocate appearing for the respondent No.6 submits that the order of the Block Development Officer clearly records that no fund was sanctioned under the Scheme. As per Rule 17 of the West Bengal Gram Panchayat (Administrative) Rules, 2004 the sanction for building can be granted in favour of a person having right over the property. Further the fund under the Pradhan Mantri Awas Yojna Scheme is granted to persons who have right, title and interest over a specific property and not to the occupier. The petitioners have filed a civil suit being Title Suit No.248 of 2021 before the Civil Judge (Senior Division), Diamond Harbour for decla