28.04.2025 Ct. No.39 D/L.66 (PP) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No.17940 of 2023 Md. Yousuf Laskar Versus The State of West Bengal & Ors. Mr. Syed Arif Ahmed …for the petitioner. Mr. Debjit Mukherjee, Ms. Susnita Chatterjee …for the State. Mr. Tapash Kumar Mondal ….for South 24-Parganas Zilla Parishad. Affidavit of service filed on behalf of the petitioner is taken on record. This writ petition has been filed seeking direction upon the respondent no.7, the Pradhan, Moydah Gram Panchayat for stop of the unauthorized construction undertaken by the private respondents over R.S. Dag No.344, 349, 352, 355, 363 R.S. Khatian No.905, Mouza - Moydah, J.L. No.41, Police Station - Joynagar – II (New Bakultala), District – South 24-Parganas. The petitioner contends that he is the owner of the property-in-question. The private respondents having no right, title and interest over the property are carrying on illegal/unauthorized construction over the property-in-question. The petitioner made a representation before local Gram Panchayat for redressal of his grievances on 17th July, 2023, however, no steps have been taken. Hence, this writ petition. Mr. Syed Arif Ahmed, learned advocate for the petitioner submits that despite persuasion, no steps have been taken by the Pradhan of the concerned Gram Panchayat for stopping such illegal work of construction of the private respondents. He seeks that the representation of the petitioner be relegated to the Pradhan, Moydah Gram Panchayat for consideration and disposal of the same in accordance with law. Learned advocates for the Zilla Parishad as well as the State submit in the similar fashion. In view of such submissions, the respondent No.7, Pradhan of Moydah Gram Panchayat is directed to consider and dispose of the representation of the petitioner dated 17th July, 2023 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 may be 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 17th July, 2023 shall be disposed of by a reasoned order which shall be communicated to the parties within a week of passing of such orders. 2 (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 petitioner is directed to communicate this order to respondent No.7, Pradhan of Moydah Gram Panchayat along with copy of the representation dated 17th July, 2023. It is made clear that this Court has not gone into the merits of this writ petition. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. With the aforesaid directions, the writ petition being WPA 17940 of 2023 is disposed of. Interim order, if any, stands vacated. All connected applications, if any, stand disposed of. There shall be no order as to costs. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 3 Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.) 4