Extracted from the PDF above. The PDF is authoritative.
55 2222..0099..22002266 Ct. No.15 b.das
WPA 29597 of 2025
Kowsar Sardar
Vs.
The State of W.B. & Ors.
Mr. Shyama Prasad Purkait Mr. Gora Chand Samanta …for the petitioner.
Mr. Tapas Kr. Mondal Mr. Partha Sarathi Basu …for the Zilla Parishad.
Mr. Mukunda Lal Sarkar
…for the State.
The petitioner alleged that the private respondents raised construction without leaving mandatory open space. He submitted a representation before the concerned authority in this regard on 3rd December, 2024. It was not considered for which he approached this Court in a writ petition being WPA 214 of 2025. By an order passed on 17th January, 2025 a co-ordinate Bench of this Court
directed the concerned authority to consider and dispose of the representation within a stipulated time frame. In compliance with the said order, the representation was taken up for consideration by the District Engineer, South 24 Parganas Zilla Parishad who by an order passed on 19th March, 2025, rejected the representation on the ground that no Hearing Officer was appointed by the State Government.
2 The petitioner assails the said order and seeks a direction upon the concerned authority for consideration of the representation. It is extremely shocking to note that a responsible officer as senior as a District Engineer of the Zilla Parishad has rejected the representation on the ground of Hearing Officer not being appointed, without taking necessary steps before the concerned authority seeking such appointment. The order impugned dated 19th March, 2025 which has not dealt with the representation on merits is quashed/set aside.
Learned counsel for the Zilla Parishad submits, on instructions, that a Hearing Officer has been appointed and the issue may be taken up by the concerned authority in accordance with law. In view of the above, the representation be placed before the Hearing Officer who shall consider the same in terms of Section 160A (6) of the West Bengal Panchayat (Amendment) Act, 1973 and submit his recommendation to the Executive Officer of the Zilla Parishad. The Executive Officer shall take a decision in terms of the said provision of law. The entire exercise shall be completed within four weeks from the date of communication of this order. The writ petition is disposed of accordingly. There shall, however, be no order as to costs.
3 Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)