Calcutta High Court (Appellete Side)
Pg. Soumen Kumar Roy Chowdhury & Ors vs The State Of West Bengal & Ors on 15 February, 2012
Author: Biswanath Somadder
Bench: Biswanath Somadder
1
19 WP No. 17060 (W) of 2009
15.02.2012
pg. Soumen Kumar Roy Chowdhury & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Debabrata Saha Roy
Mr. Indranath Mitra
... For the Petitioners
Mr. Sadhan Kumar Halder
Mr. Abdul Momen
... For the State
Mr. B.B. Basu Mullick
... For the respondent no. 8
In spite of a specific direction given by this Court on 14th November, 2011, there is no report in the form of a affidavit forthcoming from the respondent no. 7, being the Pradhan of Guru Pashla Gram Panchayat, situated in the district of Murshidabad, stating as to how and what basis the plan of the private respondent no. 8 to construct a building had been sanctioned and approved. On behalf of the State respondents, however, learned advocate hands up a copy of a memo dated 31st January, 2012, signed by the District Magistrate, Murshidabad, which contains the stand which is being taken by the State in the instant matter. Relevant extract from the said 2 memo dated 31st January, 2012, is reproduced hereinbelow:
"With reference to your letter dtd. 20.1.12 received on 30.1.12 and after going through the Hon'ble High Court's order dtd. 3.1.11 and 19.2.10 passed in W.P. No. 17060 (W) of 2009 in the matter of Soumen Kumar Roy Chowdhury & others -VS- The State of West Bengal & others, I am to send this report to the effect that the Hon'ble High Court may consider to pass order with direction upon the State Govt. to initiate proceeding under Sub-section (1) of section 213 of the West Bengal Panchayat Act, 1973 to remove the Pradhan, Gurah Pashla Gram Panchayat under Nabagram Block in the District of Murshidabad since he abused his powers vested in him under the said Act as well as he failed to discharge his duties as specified in Rule 23L of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 1981.
And since the said Respondent No. 7 has also willfully and deliberately ignored the order of the Hon'ble Court, Calcutta, the Hon'ble High Court may also take action against such contemptuous act as per prerogative of the Hon'ble High Court, if pleased to do so."
After considering the submissions made by the learned advocates for the parties and upon perusing the instant application as well as the local investigation report filed by the Advocate Commissioner appointed by the learned District Judge, Murshidabad, in terms of the order passed by Justice Girish Chandra Gupta on 19th February, 2010, and also taking into consideration the 3 stand of the State which appears from the memo dated 31st January, 2012, there is no iota of doubt left in the mind of the Court that the Pradhan of Gurah Pashla Gram Panchayat under Nabagram Block situated in the district of Murshidabad has abused the powers vested in him under the West Bengal Panchayat Act, 1973 and he also failed to discharge his statutory duties as specified in Rule 23L of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 1981.
In such circumstances, the State is directed to initiate appropriate proceedings against the Pradhan of Gurah Pashla Gram Panchayat forthwith. The respondent no. 3, being the District Magistrate, Murshidabad, shall cause an enquiry into the matter as to how and on what basis the plan to construct a building was sanctioned and approved in favour of the private respondent no. 8 by the Panchayat authorities. If on enquiry it is found that such sanction and approval was not in accordance with law, the said respondent no. 3 shall direct immediate demolition of the illegal construction.
Since no affidavit has been filed by the private respondent no. 8, allegations made in the writ petition are 4 deemed to be not admitted by the said respondent. The writ petition stands disposed of accordingly. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.)