Pradip Roy v. State of West Bengal and Ors.
Case brief
What is this about?
Unauthorized construction; Gram Panchayat enquiry; Section 23 West Bengal Panchayat Act 1973; pendency of civil suit not a ground to dismiss writ petition; Title Suit No. 12 of 2013; W.P.A. 21870 of 2017; M.A.T. 136 of 2025; CAN 1 of 2025; Khatian No. 111/1 and 111/2; J.L. No. 4; Dag No. 701; village and Mouza Kuliara; Jurisdictional Sub-Divisional Officer; removal of unauthorized construction; writ appeal allowed; High Court at Calcutta; Appellate Side; decision dated February 14, 2025; Debangsu Basak J.; Md. Shabbar Rashidi J.
What did the court decide?
Appeal (M.A.T. 136 of 2025) allowed without any order as to costs: impugned judgment and order dated December 24, 2024 in W.P.A. 21870 of 2017 set aside; Gram Panchayat directed to invoke Section 23 of the West Bengal Panchayat Act, 1973, enquire into the alleged unauthorized construction upon notice to both private parties, pass a reasoned order within 8 weeks of communication of the order, and, on finding unauthorized construction, send the decision to the Jurisdictional Sub-Divisional Officer for removal in accordance with law; connected application CAN 1 of 2025 disposed of.