602 3311..0077..22002266 Ct. No.15 b.das WPA 23185 of 2024 Gourhari Das & Ors. Vs. The State of W.B. & Ors. Mr. Soumen Kr. Dutta Ms. Mohua Palit Mr. Subham Dutta …for the petitioners. Mr. Pratip Chatterjee Mr. Arijit Dey Ms. Oisani Mukherjee …for the respondent nos.11 & 12. Mr. Dinendranath Chatterjee Ms. Maitrayee Chatterjee …for respondent no.4. Mr. Madhu Jana Ms. Puja Sonkar …for the State. The State is not represented. Mr. Madhu Jana alongwith Ms. Puja Sonkar who usually appear for the State and are present in Court, are requested to represent the State in the matter. Their appointment be regularized by the appropriate authority. The petitioners are directed to serve copy of the writ petition alongwith annexure thereto upon Mr. Jana in course of this day. The petitioners allege that the private respondents raised unauthorized construction in plot no.315 of Mouza- Digha, Paschim Medinipur by filling up the Nayanjuli therein. Since the representation submitted by the petitioner in this regard before the concerned authority was not considered, they approached this Court in a Public Interest Litigation being WPA (P) 270 of 2022. By an order 2 passed on July 19, 2022 an Hon’ble Division Bench of this Court directed the concerned authority to proceed with the matter and conclude the proceeding after giving fresh opportunity of hearing to the concerned parties, within a stipulated time frame. In compliance with the said order, the Pradhan, Sabra Gram Panchayat took up the issue for consideration and passed an order on 1st September, 2022. Pursuant to the said order, another Public Interest Litigation being WPA (P) 626 of 2022 was filed by the petitioners alleging that the private respondents have raised an illegal construction over a water course thereby blocking the drainage system in the plot. By an order passed on 14th August, 2023, the Hon’ble Division Bench observed as follows: “In any event the authorities upon inspection have found that there is no blockage to the water drainage of the drainage range, nayanjuli. However, with regard to the nature of the construction which has been put up by the private respondents, the authorities are at liberty to take action in accordance with law, if there is illegal construction without any planning permission.” After the said order was passed, the petitioners submitted an application before the Pradhan of the concerned Gram Panchayat alleging unauthorized construction raised by the private respondents. The same 3 not having been considered, the present application has been filed. The Hon’ble Division Bench has dealt with the allegation of the petitioners as stated in the present application on merits in the Public Interest Litigation. In view of the same, this Court has no authority to deal with the issue afresh. The writ petition is dismissed as not maintainable. On prayer of the petitioner, liberty is granted to take necessary steps before the appropriate forum in the event they are aggrieved by the act of the Pradhan. There shall, however, be no order as to costs. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)