27.03.2025 7 Ct. no.39 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 715 of 2024 Hasanur Raza -Vs- The State of West Bengal & ors. Md. Y. Mondal Md. A. R. Jaglul Kabir ... for the petitioner Mr. Avijit Sarkar … for the State-respondent 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, Bali-II Gram Panchayat to demolish the illegal and unauthorized pucca construction made by private-respondent nos.8 and 9 over the public road encroaching Government land obstructing the ingress and egress of the petitioner to the public road. The petitioner contends that the private-respondent nos.8 and 9 have made pucca construction on the public road encroaching the Government land comprised within Plot No. 8707 under L.R. Khatian No.16145 under 10 No. Bali Mouza, Police Station Nowda, District Murshidabad. The petitioner made representation before the authorities for redressal of his grievance. Hence, this writ petition. 2 Md. Y. Mondal, learned Advocate for the petitioner submits that direction be issued upon respondent no.7, Pradhan, Bali-II Gram Panchayat for consideration and disposal of the representation of the petitioner and other villagers dated 17th April, 2021. Despite service none appears on behalf of the State- respondents. Mr. Sarkar, learned Advocate who usually appears on behalf of the State, is requested to appear in this matter. Let appointment of Mr. Avijit Sarkar, learned Advocate be regularised by the concerned authority. Mr. Avijit Sarkar, learned Advocate for the State- respondent also submits that the matter may be relegated to the respondent no.7, Pradhan, Bali-II Gram Panchayat for consideration and disposal of the representation of the writ petitioner. In light of the above, the respondent no.7, the Pradhan, Bali-II Gram Panchayat is directed to consider and dispose of the representation of the petitioner dated 17th April, 2021 by adopting the following procedure: (i) Cause an inspection on the property-in- question upon notice to the petitioners as well as private respondents. A report of such inspection along with sketch map 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 3 dated 17th April, 2021 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 read with Rules. (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, the Pradhan, Bali-II Gram Panchayat along with copy of the representation dated 17th April, 2021. 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. With the aforesaid directions, the writ petition being WPA 715 of 2024 stands disposed of. All connected applications, if any, stand disposed of. Interim order, if any, stands vacated. There shall be no order as to costs. 4 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.)