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2024 DAILYLAW 1670 (CAL)

KAMALA MONDAL AND ORS. v. THE STATE OF WEST BENGAL AND ORS.

WPA/18125/2024 · 2026-03-12

Suvra Ghosh

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

15 1122..0033..22002266 Ct. No.15 b.das WPA 18125 of 2024 Kamala Mondal & Ors. Vs. The State of W. B. & Ors. Mr. Sandip Ghosh Mr. Partha Sarkar Ms. Jayashree Dari …for the petitioners. Ms. Sangeeta Roy …for the State. Mr. Kalyan Chatterjee Ms. Sudeshna Mondal …for respondent nos.10 & 11. Report submitted by the State is taken on record. The petitioners allege unauthorized construction being raised by the private respondents without obtaining sanctioned plan. It appears from the report submitted by the State that there was a long standing civil dispute between the parties and a recent dispute has cropped up regarding construction of a toilet in the plot. Learned counsel for the private respondents denies and disputes the allegations made by the petitioners. Upon consideration of the submission made on behalf of the parties, this Court directs the Pradhan, Bamanghata Gram Panchayat, being the 4th respondent herein, to consider and dispose of the representation submitted by the petitioners dated 17th May, 2024 within four weeks from the date of communication of this order 2 upon affording reasonable opportunity of hearing to all concerned including the petitioners and the private respondents, in accordance with law. The decision taken by the authority shall be communicated to the parties within a week thereof. In the event the construction raised by the private respondent is found to be unauthorized/illegal, the concerned authority shall take necessary steps in accordance with law. The writ petition is disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)