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2025 DAILYLAW 9733 (CAL)

MD. AYAZ UDDIN HAQUE AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/3227/2025 · 2025-07-03

Bivas Pattanayak

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

03.07.2025 Sl. No.27(DL) Ct. No.42 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 3227 of 2025 Md. Ayaz Uddin Haque & Ors. Versus The State of West Bengal & Ors. Mr. Rameshwar Sinha …for the Petitioner. Mr. Lalit Mohan Mahata, AGP Mr. Ziaul Haque …for the State-respondents. Affidavit-of-service filed on behalf of the petitioner is taken on record. This writ petition is filed seeking for consideration of representations of the petitioners dated 16th December, 2024 and 25th January, 2025 and for shifting the part of the concrete platform of inactive Nalkoop/tubewell from the plot of the petitioner being Plot No.2547/3786 of Mouza- Mayureswar, Police Station-Mayureswar, District- Birbhum. Learned Advocate for the petitioners submit that due to the tubewell/Nalkoop the petitioner is unable to construct the boundary wall surrounding their residential house. Representations were made before the local Gram Panchayat but of no avail. He seeks for necessary direction upon respondent no.7, Pradhan, 2 Mayureswar Gram Panchayat for removal of such tubewell/Nalkoop from plot of the petitioners. Learned Advocate for the State, on the contrary, submits that prayer has been made for police help and not for removal of tubewell/Nalkoop. Despite notice, none appears for private respondent no.8 and 9. On perusal of the materials, it is found that on 25th January, 2025, such prayer for shifting of the Nalkoop/tubewell has been made before respondent no.7, Pradhan, Mayureswar Gram Panchayat as well as before respondent no.5, Block Land and Land Reforms Officer and respondent no.6, Block Development Officer. It is contended that no steps have been taken. Accordingly, respondent no.7, Pradhan, Mayureswar Gram Panchayat is directed to consider and dispose of the representation of the petitioner dated 25th January, 2025 within a period of two months from the date of communication of this order upon notice to petitioner as well as private respondents and all interested parties and pass reasoned order in accordance with law. The reasoned order shall be communicated to the petitioners as well as private respondents within a period of one week of passing of such order. Learned advocate for the petitioners is directed to communicate this order to respondent no.7, 3 Pradhan, Mayureswar Gram Panchayat for necessary compliance. With the aforesaid directions, the writ petition being WPA 3227 of 2025 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. 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.)