23.04.2025 Sl. No. 84. D/L. Mithun Ct.No.39. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 22528 of 2024 Biswanath Ghosh Vs. The State of West Bengal & Ors. Mr. Anish Kumar Mukherjee ..for the petitioner Mr. Lalit Mohan Mahata, Ld. AGP, Mr. Prasanta Behari Mahata …for the State. Affidavit-of-service filed on behalf of the petitioner is taken on record. On the prayer of learned Advocate for the petitioner, leave is granted to file supplementary affidavit. Supplementary affidavit filed on behalf of the petitioner is taken on record. Despite service, none appears on behalf of the State. Mr. Lalit Mohan Mahata, learned Additional Government Pleader who usually appears on behalf of the State is requested to appear in this matter. Let the appointment of Mr. Mahata be regularized by the concerned authority. This writ petition has been filed seeking for direction upon the respondent-authorities for removal of unauthorized construction over Dag No.4843 and 4844, J.L. No-54, Mouza-Fulsara, L.R. Khatian No.7304 in 2 terms of Section 23(6) of the West Bengal Panchayat Act, 1973 and also consider the representation dated 19th August, 2024 made on behalf of the petitioner. The petitioner contends that previously in writ petition being WPA 6531 of 2023, orders were passed directing the Pradhan, Fulsara Gram Panchayat to take appropriate steps for demolition of the structure undertaken by private respondents upon causing inspection and hearing the parties. Since no steps were taken, a contempt petition was filed being CPAN No.1380 of 2023 and thereafter rule was issued against Pradhan, Fulsara Gram Panchayat in WPCRC 43 of 2024. Subsequent thereto the Pradhan passed order directing respondent nos.8 and 9 to stop further construction over the plot and referred the matter to the Sub-Divisional Officer, Bongaon, North 24-Parganas with a recommendation to demolish the illegally constructed buildings over the plot in question. Since no steps has been taken by the Sub-Divisional Officer, the petitioner is constrained to file the present writ petition. Mr. Anish Kumar Mukherjee, learned Advocate appearing for the petitioner submits that since previous order of this Court was not complied with, contempt petition has been filed against the Pradhan of the local Gram Panchayat as well as the Sub-Divisional Officer. During pendency of the contempt petition, the Pradhan 3 has passed order recommending for demolition. Despite repeated persuasion, the Sub-Divisional Officer has not acted in terms of the order passed by the Pradhan, Fulsara Gram Panchayat for demolition of the structure. He seeks for appropriate order. Mr. Mahata, learned Additional Government Pleader submits that since the Sub-Divisional Officer is contemnor no.2 in the contempt petition, the appropriate recourse of the petitioner is to approach the Court taking up the contempt petition. This is a second round of litigation. Previously, this Court in WPA 6531 of 2023 passed the following order:- “Hence, the grievance of the petitioner as contained in the representation made through the learned advocate dated February 13, 2023, shall be disposed of by the gram panchayat in accordance with law. While doing so, the following procedure shall be adopted:- a) An inspection shall be conducted. Such inspection shall be held in the presence of the petitioner and the respondent nos.8 and 9. An advance notice of the inspection shall be served upon the petitioner and the respondent nos.8 and 9 and on all other interested parties. If the parties are not available to accept notice, the same shall be affixed at a conspicuous place in the respective premises. b) In case, it is found on preliminary inspection that there may be reasons to believe that the construction was without any sanction and was continuing, the authorities may take such interim measures by stopping such construction. c) A report of such inspection shall be prepared along with the sketch map, indicating the extent and nature of unauthorized construction, if any. d) Such report shall be handed over to the parties. The question of title, possession and boundary dispute etc. shall not be decided by the panchayat authorities. The only issue to be decided would be whether any construction has been raised without sanction and permission. e) A hearing shall be given to the petitioner and the respondent nos.8 and 9. The parties must also be allowed to furnish their written objection/version to the report and 4 adduce oral and documentary evidence in support of their contentions before the competent authority. All points raised by either party, will be decided. f) A reasoned order shall be passed and communicated to the parties. On the basis of what transpires at the hearing and during inspection, the proceedings shall be reached to its logical conclusion in terms of Section 23(5) of the West Bengal Panchayat Act, 1973.” Since no steps were taken a contempt application was filed by the petitioner being CPAN 1380 of 2023 and ultimately rule has been issued against Pradhan, Fulsara Gram Panchayat in WPCRC 43 of 2024 with a direction for compliance in the meantime vide order dated 25th April, 2024. Thereafter, the Pradhan, Fulsara Gram Panchayat has passed order on 10th June 2024 which is quoted below:- “Under the facts and circumstances the undersigned is bound to act within the scope of West Bengal Panchayat Act, 1973 and rules framed thereunder. It is therefore directed that the Private Respondents i.e., Respondent No.08 to 09 shall stop any further construction on the plot of land in question and the matter be further referred to the Sub- Divisional Officer, Bongaon, North 24 Parganas, with the recommendation to demolish the illegally constructed buildings on the said plot of land, being unauthorized, with immediate effect. It is however made clear that the authority has not entered into the question of title.” The grievance of the petitioner is that after such order been passed by the Pradhan, the Sub-Divisional Officer has not taken steps for demolition of the structure. Admittedly, the Court taking up contempt matter is in sesin with regard to the issue of demolition of illegal structure. It is informed by the learned Advocate for the petitioner that Sub-Divisional Officer, Bongaon, North 24-Parganas is also contemnor no.2 in the contempt application. Accordingly, it would not be proper to adjudicate the issue, since the matter is 5 pending before the Court taking up the contempt petition. In view of the above, the writ petition being WPA 22528 of 2024 stands dismissed. 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.)