Uttam Chakraborty Vs the State of West Bengal and Ors.

By the present writ petition the petitioner seeks for direction upon the respondent authorities for demolition of illegal unauthorized construction undertaken by the private respondents over R.S. Dag No. 749, Khatian No. 1938 / 1939 / 1940 / 1941, J.L. No. 74, Mouza – Khalore.

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The petitioner contends that the petitioner is the co-owner along with the private respondents in respect of the aforesaid property in question. The private respondents are making unauthorized construction over the petitioner’s land effecting the ingress and egress of the petitioner. Representation was made before the local Gram Panchayat on 29^th November, 2024. However, no

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steps has been taken as yet. Hence, this writ petition.

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Mr. Anindya Bose, learned Advocate for the petitioner seeks that specific direction be passed upon the Pradhan, Khalore Gram Panchayat, to consider and dispose of the representation of the petitioner dated 29^th November, 2024.

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Learned Advocate appearing for the Howrah Zilla Parishad also submits in the same fashion.

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State is unrepresented.

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Despite service none appears on behalf of the respondent no.7, the Pradhan, Khalore Gram Panchayat and private respondent nos. 11 to 15.

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Upon hearing the learned Advocates appearing for the parties, respondent no.7, Pradhan, Khalore Gram Panchayat, is directed to consider and dispose of the representation of the petitioner dated 29^th November, 2024 in accordance with law by adopting the following procedures:

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(i) Cause an inspection on the property-inquestion upon notice to the petitioner as well as private respondents. A report of such inspection along with sketch map

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be prepared, which shall be handed over to the parties.

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(ii)

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Thereafter, the parties shall be heard upon notice and representation of the petitioner dated 29^th November, 2024 shall be disposed of by a reasoned order which shall be communicated to the parties within an week of passing of such orders. Parties are granted liberty to produce all relevant records and documents before the Pradhan at the time of hearing.

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(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 the West Bengal Panchayat Act.

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(iv) The entire exercise shall be completed within a period of two months from date of communication of this order.

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Learned Advocate for the petitioner is directed to communicate this order to the respondent no.7, Pradhan, Khalore Gram Panchayat along with the representation dated 29^th November, 2024.

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