IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Present:

The Hon’ble Justice Shampa Dutt (Paul)

WPA 30270 of 2016 Ananda Gopal Saha Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Kamalesh Chakraborty, Ms. Anita Bhattacharjee, Mr. Dilip Kumar Maiti.

For the State : Mr. Sudipta Panda, Ms. Ananya Neogi.

For the Opposite Party : Mr. A. Patra, Mr. Partha Sarathi Das, Ms. Shanta Sarkar.

Hearing concluded on : 09.06.2025 Judgment on : 18.06.2025 SHAMPA DUTT (PAUL), J. :

1. The present writ petition has been preferred praying for direction upon the respondent no. 6, the Pradhan Mira 1 Gram Panchayat P.O. Plassey, District: Nadia, to withdraw and/or cancel and or set aside and quash the approval of the building Plan for commercial purpose sanctioned on 05.01.2015 and to demolish the illegal construction for commercial purpose at Mouza Mira, J.L. NO. 8. P.S. Kaliganj, District: Nadia, West Bengal PIN No. 741156 comprising to L.R. Dag No. 798, Khatian no. 909/1, 1628/5 and 715/1 measuring about 4.875 decimal by the respondent no. 7 and 8. The petitioner has further prayed for direction upon the respondent authority to dispose of his representation.

2. The petitioner‟s case is that the petitioner and the respondents no. 7 & 8 are adjacent neighbours.

3. That the said respondents in connivance with the respondent no. 6, the Pradhan Mira I Gram Panchayat who has no power to grant permission, have allegedly made illegal construction by building a commercial property by encroaching the petitioner‟s ingress and egress pathway and violating the rules and laws and without following due process of law.

4. The petitioner has filed a Title Suit being 195 of 2015 and the private respondents along with other co-sharers have filed a partition suit being Title Suit No. 40 of 2015, which also includes a dispute regarding boundary wall.

5. The petitioner relying on the provision of Rule 31 of the West Bengal Panchayat (Gram Panchayat Administration) Rules 2004 Chapter IV has stated that the Pradhan has no power to give permission for constructions of commercial building and or sanctions and plans.

6. The private respondent‟s case in their opposition is that the construction made by them is part commercial (4 small one storied shop room) and the rest is for residential purpose. It is further stated that the petitioner‟s pathway has in no way been encroached by them.

7. In reply the petitioner has denied the private respondents case. 8. As directed, the respondent no. 4/BDO, Kaliganj, Nadia on due inspection in his report in the form of affidavit has stated as follows:-

“5a. ……….. that the said Paresh Nath Saha has constructed commercial building on the land i.e. Khatian No 1628/5, 909/1, Plot No RS-594, LR798, Mouza Name-Mira-08, PS-Kaliganj. Dist.-Nadia obtaining sanctioned plan from Mira-1 Gram Panchayat.

5b. As per layout of Plan proposed Triple storied commercial building having height of the proposed building is 2.20+0.90+2.20+0.90+2.20+0.90+.125+.125+.125=9. 675 meters which should have been vetted by Zilla Parishad before the concerned Gram Panchayat could grant permission, as per provision stated under chapter IV, sec 17 of the West Bengal Panchayat (Gram Panchayat administration) Rules, 2004 as amended in 2006.

Relevant Documents are annexed herewith and collectively marked with Annexure-"R-1" with this report.

5c. After all, Paresh Nath Saha & Swadhinlata Saha's application form and ROR shows that the classification of said land is "Aush", and the Gram Panchayat i.e. Mira-1 approved the commercial building plan on the "Aush" Category which is against the law, as per provision stated under chapter IV, sec 22 (1) (d) of the West Bengal Panchayat (Gram Panchayat administration) Rules, 2004 as amended in 2006. As per Rule-26 of the West Bengal (Gram Panchayat Administration) Rule, 2004 as amended in 2006, no permission and sanction will be accorded for structure or building is proposed to be erected or constructed on any