18.08.2025 Item No.29 Ct. No.42 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 26460 of 2023 Aswini Kumar Bera -Vs- The State of West Bengal & Ors. Mr. Aswini Kumar Bera … Petitioner in-person Ms. Kakali Samajpathy Ms. Kakali Naskar Ms. Sangita Jangra Ms. Payel Neogi … for the State 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. On the prayer of the petitioner, leave is granted to file supplementary affidavit. 3. Supplementary affidavit filed by the petitioner is taken on record. Copy served. 4. By the present writ petition the petitioner seeks for removal of thorny bamboo clumps from the southern side of the resident of the petitioner in plot no.98/235, Mouja Gourangapur, J.L. No.429 under holding No.3250 measuring about 13 decimals. 5. The petitioner contends that thorny bamboo clumps is hanging over the roof of two-storeyed pucca building of the petitioner from the adjacent land belonging to private respondent causing nuisance to the 2 peaceful enjoyment by the petitioner of his property. The petitioner time and again requested the private respondent to remove such bamboo clumps, however, no steps have been taken. Representation was also made on 21st August, 2023 before the Prodhan of the local Gram Panchayat by the petitioner as well as local people. Since no steps have been taken, hence this writ petition. 6. Mr. Aswini Kumar Bera, the petitioner-in-person submits that he has made representation before the local Gram Panchayat as well as a mass petition has also been submitted before the concerned Gram Panchayat for removal of the thorny bamboo clumps. Such thorny bamboo clumps is creating a public nuisance over the premises of the petitioner. As per Section 19(2)(o) of the Panchayat Act, the Prodhan is under statutory obligation to prevent public nuisance. He seeks that the matter be relegated to the Prodhan, Duan 10/2 Gram Panchayat, respondent no.5, to consider the representation of the petitioner. 7. Ms. Kakali Samajpathy, learned Advocate for the State also submits that as per report of the Prodhan, the thorny bamboo clumps were initially removed by the private respondent but thereafter it has again grown up. The private respondent has been asked to remove the same but he has prayed for some time to remove it. She files a report of the Prodhan, Duan-2 Gram Panchayat, 3 Debra, Paschim Medinipur dated 18th December, 2023, which is taken on record. 8. Despite service none appears on behalf of the respondent no. 5, Prodhan, Duan 10/2, Gram Panchayat and private respondent no.6. 9. Upon hearing the petitioner and the learned Advocate for the State the writ petition being WPA 26460 of 2023 is disposed of directing the Prodhan, Duan 10/2 Gram Panchayat, respondent no.5 to consider and dispose of the representation of the petitioner dated 21st August, 2023 upon notice and hearing the parties including the petitioner and private respondent no.6 in accordance with law by passing a reasoned order within a period of four weeks from the date of communication of this order. 10. Reasoned order shall be communicated to the petitioner within a period of one week from the date of passing thereof. 11. Petitioner is directed to communicate this order to the Prodhan, Duan 10/2 Gram Panchayat, respondent no.5 for necessary compliance. 12. It is made clear that this Court has not gone into the merits of this writ petition. 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. 4 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.)