Calcutta High Court (Appellete Side)
Sk. Habibur Rahaman vs The State Of West Bengal & Ors on 2 August, 2022
D/L
Item No. 25
02.08.2022
KOLE
MAT 1034 of 2022
With
IA No. CAN 1 of 2022
Sk. Habibur Rahaman
-Vs.-
The State of West Bengal & Ors.
Mr. Biswaroop Bhattacharyya,
Mr. S. Seth,
... for the appellant.
Mr. Monjali Chowdhury,
Mr. M Sinha,
... for the respondent nos. 2 to 4.
By consent of the parties the appeal and the
application are taken up for hearing together.
It appears from the affidavit of service filed in court
today that the private respondents have been served.
However, they are not represented.
This appeal is directed against a judgment and order
dated June 21, 2022, whereby WPA 7502 of 2022, filed by
the appellant herein, was disposed of with the following
observations:-
"After hearing the submissions made on
behalf of the parties it appears that there are
several disputed questions of facts involved in
the instant writ petition which cannot be
adjudicated by the writ court.
In view of the above, the parties are
relegated before the appropriate forum for
redressal of their grievances, if so advised."
The appellant had approached the learned Single
Judge with the grievance that the private respondents were
making unauthorized construction without obtaining
sanction of building plan from the concerned Gram
Panchayat.
Before the learned Single Judge, the private
respondents relied on a permission allegedly granted by the
Maju Gram Panchayat in favour of the respondent no. 10 in
the writ petition, who is the respondent no. 10 in the appeal
as well. The writ petitioner contended that the private
respondents had made the impugned construction prior to
obtaining the permission from the Gram Panchayat. The
private respondents disputed such contention and argued
that the writ petitioner's complaint was a counter-blast to a
complaint that had been made earlier by the private
respondents alleging unauthorized construction by the writ
petitioner.
Before us, it has been stated by the parties that after
the order under appeal was passed, an order dated July 15,
2022 has been passed by a learned Single Judge in WPA
15296 of 2022, filed by the private respondents herein,
challenging revocation of permission granted in their favour
by the Pradhan, Maju Gram Panchayat, for making
construction on Dag Nos. 154 and 155 of Marghurali Mouza.
The said writ petition was disposed of by the said order
dated July 15, 2022 by granting liberty to the writ petitioners
therein who are the private respondents before us, to
approach the Pradhan, Maju Gram Panchayat with a
representation which has to be decided in accordance with
law.
We are of the view that the Pradhan, Maju Gram
Panchayat would be the appropriate authority to decide the
grievance of the present writ petitioner also. Accordingly,
we grant liberty to the writ petitioner to make a
representation to the Pradhan of the Maju Gram Panchayat,
who is the respondent no. 7 before us, within three weeks
from date. If such representation is made within the time
indicated, the respondent no. 7 shall dispose of the same in
accordance with law by a reasoned order within a period of
two months from the date of receipt of such representation,
after giving an opportunity of hearing to the writ petitioner
and the private respondents herein as also to any other
concerned party. The decision so taken shall be
communicated to the parties within a week from the date of
the decision. Needless to say, if the respondent no. 7 finds
merit in the complaint made by the present appellant,
appropriate remedial steps will be taken by him/her. We
have not gone into the merits of the respective cases of the
parties. The respondent no. 7 shall take an informed
decision in accordance with law.
Since we have not called for affidavits, the allegations
made in the stay application are deemed not to be admitted.
Urgent photostat certified copy of this order be
supplied to the parties, if applied for, as early as possible.
(Rai Chattopadhyay, J.) (Arijit Banerjee, J.)
