Calcutta High Court (Appellete Side)
Monoj Prasad vs The State Of West Bengal & Ors on 14 December, 2023
7.
14-12-2023
(Ct. no.06)
debajyoti
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
APPELLATE SIDE
MAT 2274 of 2023
+
IA NO:CAN/1/2023
+
CAN/2/2023
Monoj Prasad
Vs.
The State of West Bengal & Ors.
Mr. Pankaj Halder,
Mr. Tapas Manna,
Mr. Neelabha Bera,
Mr. Bodhidipta Mondal,
Mr. Bidish Ghosh
... For the Appellant.
Mr. Wasim Ahmed,
Mr. Md. Shehabuddin
... For the State.
Mr. Saunak Bhattacharya,
Mr. Saunak Mondal,
Mr. Abhirup Haldar
... For Respondent No.11.
Re : CAN/1/2023
This is an application for condonation of delay of
21 days in filing the appeal. Causes shown being
sufficient, the delay is condoned.
The application being CAN 1 of 2023 is, thus,
allowed.
Re : MAT/2274/2023 & CAN/2/2023
This appeal is directed against a judgment and
order dated October 03, 2023, whereby the
appellant's writ petition being WPA 15123 of 2023
was disposed of by a learned Judge of this Court.
The appellant approached the learned Single
Judge with the complaint that a Madrasah has been
constructed on land classified as 'Shali', without
obtaining any sanctioned building plan or conversion
of the classification of the nature of the land.
Learned advocate, representing the Madrasah
authority, submitted, upon instruction, that
construction was made by the concerned Block
Development Officer, pursuant to permission granted
by the State way back in the year 2013. Building
plan was also sanctioned by the concerned Gram
Panchayat. The Madrasah is functioning for nearly
ten years.
It was pointed out before the learned Judge that
a Civil Suit has been filed by the Madrasah authority
against the present writ petitioner/appellant being
Title Suit No.120 of 2023, pending before the learned
Diamond Harbour Court.
The learned Judge disposed of the writ petition
with the following observations:-
" Since the Prodhan already issued
permission for raising construction and
the Madrasah is functioning for the last
ten years, this Court is not inclined to
accept the contention of the petitioner
alleging unauthorized construction.
It will be open for the parties to
agitate all points before the learned
civil forum. "
Being aggrieved, the writ petitioner has come up
by way of this appeal.
We have heard learned counsel for the parties.
We have taken note of the fact that a Civil Suit is
pending and learned advocate for the Madrasah
authorities says that an interim order of status quo
has been passed in that suit in favour of the
Madrasah authorities insofar as the said authorities'
right to use a particular passage is concerned, for
access to the concerned Madrasah.
To set all controversies at rest, we direct the
State respondents to produce the following documents
before us on the adjourned date:-
(i) the sanctioned building plan,
(ii) relevant extracts from the Record of Rights,
(iii) application for recognition of the Madrasah,
(iv) order granting recognition to the Madrasah,
(v) document evidencing sanction of funds by
the State Government for constructing the
Madrasah, and,
(vi) tender notice issued inviting bids for
construction of the Madrasah building.
The aforesaid documents shall be disclosed as
annexures to a report to be filed by the State on the
next date.
List the matter once again on January 10,
2024.
All parties shall act on the server copies of this
order duly downloaded from the official website of this
Court.
Urgent photostat certified copies of this order, if
applied for, be supplied to the parties on compliance
of all necessary formalities.
(M. V. Muralidaran, J.) (Arijit Banerjee, J.)
