MUKTIPADA BHANDARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner herein has challenged the notice issued by the Prodhan, Purandarpur Gram Panchayat, Birbhum whereby the said Prodhan directed the petitioner to stop the work of construction at the first floor. According to the petitioner, the said Prodhan had issued the aforesaid notice wrongfully, illegally and in violation of the specific provision of the West Bengal Panchayat Act, 1973 and Rules framed thereunder. It has been submitted on behalf of the petitioner that after taking loan from the Birbhum Zilla Parishad, petitioner constructed one-storied residential house on the plot in question and since then petitioner has been making regular payment of land and building tax to the Purandarpur Gram Panchayat. The receipts granted by the Purandarpur Gram Panchayat upon accepting the said building tax from the petitioner has been annexed to the writ petition.

(2.) On 15th November, 1999, petitioner submitted an application under section 23 of the West Bengal Panchayat Act, 1973 before the Prodhan, Purandarpur Gram Panchayat in the prescribed form and manner. The Prodhan of the concerned Gram Panchayat, however, by a written communication dated 6th January 2000 asked the petitioner to submit first floor plan, estimate, conversion certificate of land and also a copy of the sanction order in respect of the construction of ground floor. According to the petitioner, necessary documents as was directed by the Prodhan in the letter dated 6th January 2000 were deposited on 15th January 2001.

(3.) Since no formal permission was granted by the Prodhan of the concerned Gram Panchayat, a reminder was given by the petitioner on 26th February 2001 requesting the Prodhan to grant necessary permission for construction of the first floor expeditiously.