Calcutta High Court (Appellete Side)
Bankim Chandra Dholey vs The State Of West Bengal & Ors on 30 November, 2018
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1
87 30.11.2018
SB Ct. No. 14 W.P. 18070(W) of 2018
Bankim Chandra Dholey
Vs.
The State of West Bengal & Ors.
Mr. Kajal Ray
..... For the Petitioner
Mr. Uday Narayan Betal
.... For the Respondent Nos. 6 to 10
The private respondents admittedly have only a possessory rights and no other title to the property in question. The property is stated to be agricultural land.
The private respondents are stated to have constructed shop room on the said premises. Admittedly no permission has been received by the private respondents from the petitioner or the local gram panchayat to make any construction over the said property. It appears to this Court that no permission could have been granted. The private respondents as well as the writ petitioner are stated to be engaged in a civil suit against one against one and another. The suit is stated to be pending.
The private respondents submit that there are large number of other illegal structures in the said area and that their unauthorized and illegal construction must be condoned.
I find that the argument of the Respondents is preposterous.
The respondent no. 2 being the Pradhan Amnan Gram Panchayat under P.S. Polba , District - Hooghly is directed to take immediate steps for demolishing the with admittedly unauthorised construction made over agricultural land and that too by a possessory title holder, after due verification of records.
The Pradhan Amnan Gram panchayat shall take immediate urgent measures in that regard under the West Bengal Panchayat Rules, 2004 preferably within a three months 2 from the date of communication of the copy of this order. It is made absolutely clear that this Court has not decided any title towards the said land and nor has decided anything in respect of the pending title suit as carried in appeal, between the parties.
With the aforesaid direction the W.P. 18070(W) of 2018 stands disposed of (Rajasekhar Mantha, J.)