M/S. Dhanwantri Tie Up (P) Ltd vs The State Of West Bengal & Others
2021 Latest Caselaw 857 Cal

03/02/2021
 Item No.40
Court No.38.
    AB                          Through Video Conference

                                 WPA 7492 of 2020
                                         With
                                 I. A. CAN 1 of 2020

                          M/s. Dhanwantri Tie Up (P) Ltd.
                                           Vs
                        The State of West Bengal & Others

                     Mr. Amarta Ghose,
                     Ms. Rituparna De Ghose,
                     Mr. Siddhartha Paul   ...for the Petitioner.

                     Mr. Sabyasachi Chatterjee,
                     Ms. Dona Ghosh         ...for the Respdt. 10.

                     Mr. Jaydeep Kar, Sr. Adv ...for the Respdt. 5.


                     In re : I. A. CAN 1 of 2020

                     This is an application praying for urgent hearing

               of the matter.

                     The said application stands disposed of.

                     In re : WPA 7492 of 2020

                     The Pradhan, Ruppur Gram Panchayet is added

               as a party respondent in this writ petition.

Let necessary amendment to the cause title of

the writ petition be carried out by learned Advocate for

the petitioner in course of the day.

Let a copy of the writ petition along with a copy

of today's order be served on the added respondent at

the earliest.

The petitioner claims to be the lessee of a

property in Mouza - Goalpara, Police Station - Bolpur

(now Shantiniketan), District - Birbhum. The

grievance of the petitioner is that the private

respondent is allegedly making unauthorized

construction on the boundary wall of the petitioner's

property.

Mr. Kar, learned Senior Advocate appearing for

the Sriniketan Shantiniketan Development Authority

(SSDA) submits that no building plan has been

sanctioned by the SSDA in favour of the private

respondent. Further, with reference to the Division

Bench judgment of this Court in Jogendra

Choudhury's case reported in 2013 Vol.4 CLT 259,

he submits that after the date of that judgment no

authority could sanction any plan for new

construction in the area in question.

Learned Counsel for the private respondent

submits that his client has a sanctioned plan and his

client is doing nothing unauthorized. He further

submits that the plan has been sanctioned by the

concerned Gram Panchayet.

Let the 5th respondent (SSDA) and the Pradhan

of Ruppur Gram Panchayat file separate reports in the

form of affidavits responding to the averments made in

the writ petition. The private respondent shall also be

entitled to file an affidavit bringing on record his

contention. Such reports/affidavits shall be filed on or

before the next date of hearing.

Let advance copies of the reports to be filed by

the SSDA and the Pradhan of Ruppur Gram Panchayet

be made available to learned Advocate for the private

respondent as also to the learned Advocate for the

petitioner.

List the matter on 24th February, 2021.

If in the meantime any construction is made by

the private respondent, the same will abide by the

result of the writ petition.

(Arijit Banerjee, J.)