Extracted from the PDF above. The PDF is authoritative.
43 0088..0077..22002266 Ct. No.15 b.das
WPA 6346 of 2025
Subrata Dutta
Vs.
The State of W.B. & Ors.
Mr. Pintu Karar Mr. Sabab Uddin Laskar Ms. Meghna Chowdhury …for the petitioner.
Mr. Madhu Jana Ms. Puja Sonkar
…for the State.
Affidavit of service filed by the petitioner is taken on record. The Panchayat and the private respondent are not represented despite service. The petitioner alleges that the private respondent is raising construction in the plot of land recorded as ‘Sali’ in the LR Record of Rights without obtaining sanction from the concerned Panchayat. The property belongs to the petitioner and the private respondent is a bargadar under him. The petitioner submitted a representation in this regard before the concerned authority on 16th March, 2025 and seeks consideration of the same. The right, title and interest of the petitioner in respect of the plot in question and the right of the private respondent therein shall be adjudicated by a competent Court of law. The petitioner is at liberty to approach the said Court for redressal of his grievance.
2 Insofar as the allegation of unauthorized construction raised by the private respondent is concerned, the Pradhan, Sealdanga Gram Panchayat, being the 3rd respondent herein, is directed to consider and dispose of the representation submitted by the petitioner dated 16th March, 2025 within four weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner and the private respondent, 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 illegal/unauthorized, the concerned authority shall take necessary steps in accordance with law. The writ petition is disposed of accordingly. 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.)