02.04.2025 Sl. No.93(DL) Ct. No.39 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 1295 of 2024 Purnima Mondal & Anr. Versus The State of West Bengal & Ors. Mr. Manoranjan Jana, Ms. Mitali Jana …for the Petitioners. Mr. Jyoti Prakash Chatterjee, Mr. Anis Datta Sarma …for the State-respondents. Affidavit of service filed on behalf of the petitioners is taken on record. Despite service, none appears on behalf of the respondent No.2, Pradhan Shanpur Lowada, 9 No. Gram Panchayat, Paschim Medinipur and the private respondent No.5. The writ petition has been filed for demolition of the unauthorised construction by the private respondent No.5. The petitioners contend of illegal and unauthorised construction by the private respondent over the land of the petitioners in Dag Nos.127 and 129 at Mouza-Faterbarh, JL No.142, Khatian Nos.18, 189, 209, 11, 142, District-Paschim Medinipur. A title suit has been filed by the petitioners being Title Suit No.207 of 2019 before the learned Civil Judge (Senior Division), 2nd Court, Paschim Medinipur wherein an 2 order of status quo has been passed. However, during the pendency of the suit such illegal and unauthorised construction has been undertaken by the private respondent. A representation was made before the Pradhan, Shanpur Lowada, 9 No. Gram Panchayat, respondent No.2 herein on 8th November, 2023. However, no steps have been taken. Hence, this writ petition. Mr. Manoranjan Jana, learned Advocate appearing for the petitioners seeks that direction be issued upon the respondent No.2, Pradhan, Shanpur Lowada, 9 No. Gram Panchayat to consider the representation of the petitioners. Mr. Jyoti Prakash Chatterjee, learned Advocate appearing for the State-respondents also submits in the similar fashion. In view of such submissions, the respondent No.2, Pradhan, Shanpur Lowada, 9 No. Gram Panchayat is directed to consider and dispose of the representation of the petitioners dated 8th November, 2023 by adopting the following procedure: (i) Cause an inspection on the property-in-question upon notice to the petitioners as well as private respondent No.5. 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 petitioners dated 3 8th November, 2023 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. (iv) The entire exercise shall be completed within a period of two months from date of communication of this order. The petitioners are directed to communicate this order to respondent No.2, Pradhan, Shanpur Lowada, 9 No. Gram Panchayat along with copy of the representation dated 8th November, 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 1295 of 2024 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. 4 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 the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.)