BISWAJIT NASKAR Vs. PRADHAN SHIRAKOLE GRAM PANCHAYAT

JUDGEMENT

(1.) IN view of very nature of stay application, we are of the view appeal and application both to be heard. All formalities of appeal stand dispensed with as all parties are appearing.

(2.) CHALLENGING the judgment and order dated 30th November, 2007 passed in W. P. No. 23420 (W) of 2007 by the learned trial Judge, this appeal has been preferred. By the impugned judgment under appeal the learned trial Judge dismissed the writ application, which arose out of challenge of the decision taken by the Pradhan, Shirakole Gram Panchayat on 23rd May, 2007 directing demolition of building and other structures on the concerned plots, which as per views expressed by the said Pradhan was unauthorized construction without any sanctioned plan. In the impugned decision, which was the subject matter of the writ application, Pradhan has proceeded with the matter in terms, of section 23 (6) of the West Bengal Panchayat Act, 1973 as per order of the High Court dated 6th December, 2006 passed in W. P. No. 17924 (W) of 2006, which was moved by the private respondent of this appeal, writ petitioner seeking an order directing the concerned Pradhan to decide the grievance as raised on issue of illegal construction of boundary wall in terms of annexure 'p-1' of the writ application. The first order passed by the Hon'ble High Court on 6th December, 2006 in W. P. No. 17924 (W) of 2006 reads such:

(3.) THE annexure 'p-1', which was directed to be considered and disposed of by the writ petitioner, Nityapada Naskar in the said writ application reads such: 'to Date: 30. 5. 2006 the Prodhan sirakol Gram Panchayat p. O.- Sirakol dist.- South 24-Parganas. Sir, the undersigned is the co-owner of the property situated on Dag No. 1943, 1944 Kh. No. 599 measuring 4 Dec of Mouja Sirakol J. L. No. 4 Dist. 24-Parganas South. The Biswajit Naskar son of Late Chatradhar Naskar, Sumati Naskar wife of Late Chatradhar Naskar and Alpana Naskar wife of Manik Chandra Naskar of Village and, P. O. Sirakol have unauthorizedly and illegally constructed house on the aforesaid dag and have raised wall preventing the undersigned to get entry in the ejmali Tank on Dag No. 1942. Such construction as made on 23. 4. 2006, without any place being sanctioned for Panchayat Authority and or without any permission from Panchayat Authority as per law. So you are requested to take appropriate steps for demolishing the said unauthorized construction boundary fall forthwith. Yours faithfully, Sd/- Nityapada Naskar. . . . "