Ajit Bera & Ors vs The State Of West Bengal & Ors
2022 Latest Caselaw 7187 Cal

12.   29.09.2022
       Ct. No.6
      Tanmoy


                                        M.A.T. 1569 of 2022

                                          Ajit Bera & Ors.
                                              -Versus-
                                  The State of West Bengal & Ors.

                                               With
                                      IA No: C.A.N. 1 of 2022


                        Mr. M.A. Samad, Adv.

                                               ...for the appellant.

                        Mr. Himadri Sekhar Chakraborty, Adv.,
                        Ms. Susnita Saha, Adv.

                                               ...for State.



                        Affidavit of service filed in Court today be kept with

                   the records.

                        In spite of service, nobody appears for the respondent

no.7. However, in view of the order that we propose to

pass, we do not deem it necessary to adjourn the matter.

This appeal is preferred against a judgment and order

dated September 14, 2022, whereby the appellants' writ

petition was dismissed.

The appellants approached the learned Single Judge

with the complaint that the respondent no.7 has raised

illegal construction and that too, on their land i.e. the land

of the appellants. It was further contended that the

construction was made without getting the land converted

from 'Jal' to 'Bastu' and permission was not obtained from

the concerned Gram Panchayat.

Learned Advocate appearing for the respondent no.7

produced before the learned Single Judge a document

issued by the Office of the concerned Block Land and Land

Reforms Officer (BL&LRO), which showed that conversion

had been allowed with regard to the concerned plot being

L.R. Plot No. 4755, corresponding to R.S. Plot No.4091 of

Mouza Jiyakhali, from 'Jal' to 'Bastu'. A plan for

construction was also produced before the learned Single

Judge.

In view of the aforesaid, the learned Judge concluded

that there was no merit in the allegations of the

appellants/writ petitioners. As regards the contention of

the appellants that the private respondent has encroached

on their land, the learned Judge held that questions of

right, title and interest of parties in respect of land cannot

be adjudicated by the writ Court. Liberty was granted to

the parties to approach the civil Court.

We find no apparent infirmity in the order under

appeal. If the appellants contend that the private

respondent has made construction without obtaining

sanctioned plan from the concerned Panchayat, the

appellants will be at liberty to approach the concerned

Panchayat with a comprehensive representation. If the

appellants do so, the Panchayat shall take a reasoned

decision on such representation, in accordance with law,

within a period of four (4) weeks from the date of the

receipt of the representation, after giving an opportunity of

hearing to all concerned parties including the appellants

and the private respondent. If the Panchayat finds that

there is merit in the grievance of the appellants,

appropriate remedial action will be taken by the Panchayat

and the concerned Sub-Divisional Officer (SDO).

We make it clear that we have not gone into the

merits of the case. If the Panchayat is approached by the

appellants, it will take an informed decision, in accordance

with law.

Since we have not called for affidavits, the allegations

made in the stay petition shall be deemed not to have been

admitted by the respondents.

The appeal being M.A.T. 1569 of 2022 and the

connected application being IA No: C.A.N. 1 of 2022 are

accordingly disposed of. However, there will be no order as

to costs.

Let urgent photostat certified copies of this order, if

applied for, be made available to the parties upon

compliance with all necessary formalities.

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