10.03.2025 Sl. No. 11. D/L. Mithun Ct.No.39. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 17889 of 2024 Rukshana Khatoon Vs. The State of West Bengal & Ors. Mahammad Mahmud, …for the petitioners Mr. Srijain Nayak, Ms. Rituparna Maiti …for the State. Affidavit-of-service filed on behalf of the petitioner is taken on record. This writ petition has been filed seeking direction upon respondent no.5, Prodhan, Bankra 1 No. Gram Panchayat, to take immediate steps against unauthorized and illegal construction made by the private respondents in R.S. Plot No.1823, R.S. Khatian No.827 within Mouza Bankra, J.L. No.55, Police Station Domjur, District : Howrah for demolition and/or removal of the unauthorized illegal construction. The petitioner contends that the petitioner and the respondents are the co-sharers in respect of the property in question. The respondents have entered into an agreement with a developer for making construction 2 over the property without obtaining necessary building sanction plan from the local Gram Panchayat. The petitioner made a representation on 24th May, 2024 before the respondent no.5, the Prodhan, Bankra 1 No. Gram Panchayat. However, till date the same has not been considered. Hence, this writ petition. Mahammad Mahmud, learned Advocate representing the petitioner submits that direction be issued upon respondent no.5, the Prodhan, Bankra 1 No. Gram Panchayat for considering the representation of the petitioner. Mr. Srijain Nayak, learned Advocate appearing for the State-respondents also submits that matter may be relegated to respondent no.5, the Prodhan, Bankra 1 No. Gram Panchayat for consideration and disposal of the representation of the petitioner dated 24th May, 2024. Considering the above submissions, the respondent no. 5, the Prodhan, Bankra 1 No. Gram Panchayat is directed to consider and dispose of the representation of the petitioner dated 24th May, 2024 by adopting the following procedure: (i) Cause an inspection on the property-in- question upon notice to the petitioner as well as private respondents. A report of such inspection along with sketch map be 3 prepared, which shall be handed over to the parties. (ii) Thereafter the parties shall be heard upon notice and the representation of the petitioner dated 24th May, 2024 shall be disposed of by a reasoned order which shall be communicated to the parties within a week of passing of such orders. (iii) On the basis of materials transpiring during inspection and hearing, the proceedings shall be taken to its logical conclusion in terms of provisions of Section 23 of West Bengal Panchayat Act. (iv) The entire exercise shall be completed within a period of two months from date of communication of this order. The petitioners are directed to communicate this order to respondent no.5, Prodhan, Bankra 1 No. Gram Panchayat along with copy of the representation dated 24th May, 2024. It is made clear that this Court has not gone into the merits of this writ petition. Since affidavits have not been called for, the allegations made in the writ petition are deemed to be not admitted. 4 With the above observation, the writ petition being WPA 17889 of 2024 stands disposed of. All connected applications, if any, stand disposed of. There will be, however, no order as to costs. Interim order, if any, stands vacated. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Bivas Pattanayak, J.)