Debdas Ash & Anr vs The State Of West Bengal & Ors
2022 Latest Caselaw 7358 Cal

   D/L
Item No. 8
04.11.2022
 KOLE
                              MAT 1579 of 2022
                                    With
                             IA No. CAN 1 of 2022

                              Debdas Ash & Anr.
                                    -Vs.-
                         The State of West Bengal & Ors.

             Mr. Tapas Kumar Dey,
                                                       ... for the appellants.

             Mr. Mahadeb Ahmed,
                                      ... for the writ petitioner/respondent

Affidavit of service filed in court today be kept with

the records.

By consent of the parties the appeal and the

application are taken up for hearing together.

Two writ petitions were disposed of by the impugned

judgment and order dated September 5, 2022.

WPA 3516 of 2022 was filed by one Biswajit Banerjee

for implementation of an order dated December 21, 2021,

passed by the Sub-divisional Officer, Serempur, directing the

present appellants to demolish a structure that these

appellants had constructed on their land. The Sub-divisional

Officer, pursuant to directions of this court, conducted an

enquiry and came to a conclusion that the structure was put

up without any sanctioned plan and hence required

demolition.

The present appellants challenged the validity and/or

legality of the demolition order passed by the Sub-divisional

Officer by filing WPA 382 of 2022.

The learned Judge heard the parties at length and

refused to interfere. The learned Judge directed the

authorities and the concerned Block Development Officer to

act on the basis of the order passed by the Sub-divisional

Officer, Serampur.

Being aggrieved, the writ petitioners in WPA 382 of

2022 have come up by way of this appeal. Learned Advocate

for the appellants says that the demolition order of the Sub-

divisional Officer, Serempur has been carried out. On

October 28, 2022, the entire structure in question was

demolished by the authorities.

In view of the aforesaid, this appeal has become of

academic interest. The order under appeal has been

implemented. Learned Advocate for the appellants says that

the appellants have applied to the Jangipara Panchayat

Samity, Hooghly for sanction of a building plan. Such

application was made on August 26, 2021. Learned

Advocate says that such application should be considered

and disposed of in accordance with law on an early date.

This prayer is innocuous. Nobody can possibly have

any objection to such prayer being allowed.

Accordingly, we dispose of the appeal, without

interfering with the order under appeal, by directing the

respondent no. 4, being the Block Development Officer,

Jangipara Panchayat Samity to consider the application

made by the present appellants for sanction of building plan,

in accordance with law and applicable rules, if any, and take

a reasoned decision thereon within a period of twelve weeks

from the date of communication of this order, after giving an

opportunity of hearing to the appellants or their authorized

representative. The decision so taken will be communicated

to the appellants within two weeks from the date of the

decision.

We have not gone into the merits of the case as to

whether or not the appellants' application for sanction of the

building plan should be allowed. The respondent no. 4 shall

take an informed decision in that regard in accordance with

law.

Since we have not called for affidavits, the allegations

made in the stay application are deemed not to be admitted.

The appeal and the connected application are

disposed of.

Urgent photostat certified copy of this order be

supplied to the parties, if applied for, as early as possible.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)