02.09.2025 Sl. No.29 Ct. No.42 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 22876 of 2023 Swagato Roy Versus The State of West Bengal & Ors. Mr. Swagato Roy … Petitioner in-person. , Mr. Moniruzzaman Mr. Sasthi Charan Dhara … for the State 1. Mr. Swagato Roy, the petitioner appearing in- person files a copy of the letter received from the Department of Post, Government of India dated 28th August, 2025. 2. It is found that the consignment sent to the Pradhan, Pandua Gram Panchayat, respondent no.5 has been delivered on 1st August, 2025. 3. By the present writ petition, the petitioner seeks for removal of unauthorised construction made by the private-respondent no.4 over a cemented concrete lane passing through the plot Nos.2298, 2299, 2300 and 2301 on one side of the lane and plot no.2262 and some part of plot no.2259 on the other side of the lane. 2 4. The petitioner contends that his grandmother purchased 0.20 acres of land comprised within plot No.2299, Khatian No.9657 and 9658, J.L. No.108, Mouza Pandua, Police Station Pandua, District Hooghly and for last 38 years the entire family of the petitioner are residing at the aforesaid place. The private- respondent is the owner of the part of plot Nos.2262 and 2259. The private-respondent no.4 has undertaken construction of brick- built boundary wall encroaching over the cemented concrete road resulting in obstruction to the ingress and egress of the petitioner. The petitioner made representations before the local Gram Panchayat on 21st February, 2023 and 26th May, 2023 for redressal of his grievance. Though notice was sent to the private- respondent by the local Gram Panchayat asking her to submit the sketch map prepared by an Amin, however, no steps have been taken since then. Hence this writ petition. 5. Mr. Swagato Roy, the petitioner appearing in- person submits for specific direction upon the respondent no.5, the Pradhan, Pandua Gram Panchayat for considering and disposing of the representations of the petitioner dated 21st February, 2023 and 26th May, 2023. 3 6. Mr. Moniruzzaman, learned Advocate for the State also submits that the matter be relegated to the respondent no.5, the Pradhan, Pandua Gram Panchayat. 7. The consignment sent to the private- respondent no.4 has returned with endorsement ‘refused’. 8. None appears on behalf of the private respondent no.4. 9. Despite service, none appears on behalf of respondent no.5, Pradhan, Pandua Gram Panchayat. 10. Considering the submissions advanced by the petitioner and learned Advocate for the State, the writ petition being WPA 22876 of 2023 is disposed of by directing the respondent no.5, the Pradhan, Pandua Gram Panchayat to consider and dispose of the representations of the writ petitioner dated 21st February, 2023 and 26th May, 2023 in accordance with law by adopting the following procedure: (i) Cause an inspection on the property-in- question upon notice to the petitioner as well as private respondent no.4. A report of such inspection along with sketch map be prepared, which shall be handed over to the parties. 4 (ii) Thereafter the parties shall be heard upon notice and representations of the petitioner dated 21st February, 2023 and 26th May, 2023 shall be disposed of by a reasoned order which shall be communicated to the parties within a week of passing of such orders. Parties are granted liberty to produce all relevant records and documents before the Pradhan at the time of hearing. (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 three months from date of communication of this order. 11. The learned Advocate for the petitioner is directed to communicate this order to the respondent No.5, the Pradhan, Panduah Gram Panchayat along with copy of the representations dated 21st February, 2023 and 26th May, 2023. 12. It is made clear that this Court has not gone into the merits of this writ petition. 5 13. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 14. Interim order, if any, stands vacated. 15. All connected applications, if any, stand disposed of. 16. There shall be no order as to costs. 17. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 18. 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.)