24.03.2025 Sl. No. 04 D/L Mithun Ct.No.39 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 4170 of 2025 Kauchar Ali Molla & Anr.

Vs.

State of West Bengal & Ors.

Mr. Mainak Bose, Mr. Lakshminath Bhattacharya, Mr. Arpan Kumar Bairagi ..for the petitioners Mr. Sabyasachi Chatterjee, Mr. Bodrul Karim, Mr. Dipankar Das …for the private respondent Ms. Jhuma Chakraborty, Mr. Suddhadev Adak …for the State.

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

This writ petition has been filed seeking for quashing and/or setting aside the impugned order dated 30^th January, 2025 passed by respondent no.5, Sub- Divisional Officer, Kakdwip, South 24-Parganas in terms of order passed in WPA 1575 of 2016, and for declaration that the construction erected is legal and authorized and also for direction upon the respondent authorities for grant of necessary permission for completion of the construction.

The petitioners contend that they are the owners and occupiers of entire landed property lying at Mouza: Ramgopalpur, R.S.Khatian No.217, L.R. Khatian No.56, R.S. Dag No.856, L.R. Dag No.1497 and R.S. Dag No.857, L.R. Dag No.1502 measuring more or less 1.66 acres of landed property. In the year 2012, the petitioner No.1 sold a part of his landed property measuring 43 decimals in Dag No.1497 and 17 decimals in Dag No.1502 to the predecessor-in-interest of the private respondents, namely, Sahachand Molla and his wife Morjina Bibi by registered deed of conveyance dated 3rd April, 2012. Thereafter, the petitioners undertook work of construction over his portion of land. The predecessor-in-interest of the private respondents filed a Title Suit being 19 of 2016 before the learned Civil Judge (Junior Divison), Kakdwip, South 24 Parganas. against the petitioner alleging of such unauthorized construction over the property in question. The said suit has been dismissed for default by learned Civil Court. The private respondents also filed a writ petition being WPA No.1575 of 2016 which was disposed of on 16^th January, 2024 directing the Prodhan, Ramgopalpur Gram Panchayat to forward the matter to Sub-Divisional Officer, Kakdwip to take a decision in respect of the disputes between the parties. Challenging the said order, an appeal has been preferred by the petitioners being MAT 285 of 2024 which has been disposed of by granting liberty to the petitioners to demonstrate all points including that the work of construction is not unauthorised one. The petitioners contend that the enquiry held by Block Land & Land Reforms Officer, Kakdwip was without serving any notice to them. Moreover, the order is not in consonance with the directions passed in the appeal. Hence, this writ petition for setting aside of the impugned order of the respondent no.5, Sub-Divisional Officer, Kakdwip.

Mr. Mainak Bose, learned Senior Advocate for the petitioners submit that such work of construction undertaken by the petitioners does not require any permission, which aspect has not been taken into consideration by the Sub-Divisional Officer. He indicates that no notice prior to holding enquiry was served upon the petitioners. Hence, the order impugned is bad in law and liable to be set aside. Furthermore, an application for grant of permission was submitted by the petitioners in the year 2013 for construction of new building over the landed property, however, no communication was received from the Gram Panchayat. As per Rule 30 of West Bengal Panchayat (Gram Panchayet Administration) Rules, 2004, if a permission is not communicated by the Gram Panchayat within a prescribed time limit, it shall be presumed that the Gram Panchayat has accorded such permission and it shall be lawful for the applicant to erect any structure or building conforming to the building plan and site plan furnished by him along with the application. He seeks that the impugned order dated 30th January, 2025 of the Sub-Divisional Officer, Kakdwip, respondent no.5