24.01.2025 Item no.DL/3 Court No. 32 Asraf, A.R.(Ct.) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA 14835 of 2023 SUKLA DUTTA (PAL) VS. STATE OF WEST BENGAL & ORS. Mr. Anirban Mitra ….for the Writ Petitioner Mr. Dwarikanath Mukherjee Mr. Abu Siddique Mallik ….for the State This writ petition is the second round of litigation. In earlier writ petition being WPA 3827 of 2020, a coordinate Bench of this Court passed a direction on the respondent nos. 4 and 5, Karimpur No.1 Gram Panchayat through its Prodhan to consider and dispose of the representation made by the petitioner strictly in accordance with law at the earliest but positively within a period of twelve weeks from the date of communication of a copy of this order. The respondent authorities did not take any steps. Accordingly, writ petitioner has further filed this instant writ petition praying for direction upon the respondents to take immediate steps to demolish the Page 2 unauthorized constructions raised by the private respondent no.8. During pendency of this case, a report filed by the respondent no. 4. Upon perusal of the said report, it appears that joint inspection was made in presence of the Prodhan, Karimpur No.1 Gram Panchayat after issuing notice to the parties thereof. Thereafter a date was fixed for hearing on 11th July, 2024 at 11 am. Both the parties appeared and were heard in length and reasoned order was passed on 12th July, 2024. The orders were communicated to the concerned parties. From the final order, it appears that both the parties i.e. writ petitioner as well as private respondent no. 8 have contravened sub-Section (1) of Section 23 of West Bengal Panchayat Act, 1973 and amended thereof. The Prodhan Karimpur No.1 Gram Panchayat was also directed to place the matter before the sub- divisional officer, Tehatta, Nadia as per Section 23(5) of the West Bengal Panchayat Act, 1973 for taking appropriate steps against the parties. In the present writ petition, the grievance of the petitioner is against the private respondent no. 8 for Page 3 illegal construction and subject matter is also involved with regards to illegal construction by private respondent no. 8. In view of the aforesaid facts, it reveals that private respondent no.8 has made illegal construction over the said disputed land. Therefore, no useful purpose will be served by keeping the writ petition pending further. The respondent no.3 is directed to take immediate steps with regard to the demolition of the illegal construction made by the respondent no.8 in accordance with law within four weeks from the date of communication of this order. The writ petition is accordingly disposed of. Applications, if any, connected thereto stand disposed of consequently. Parties to act on the basis of server copy of this order duly downloaded from the official website of this Hon’ble High Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties expeditiously after complying with all requisite formalities. ( Ajay Kumar Gupta, J. )