- (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: "in this writ petition the petitioner has made a complaint against the inaction on the part of the Prodhan of Sirakol Gram Panchayat, Dist-24 Parganas (South), as the said respondent in spite of receiving a complaint from the petitioner regarding some unauthorized constructions allegedly made by the private respondent on the joint property lying at Dag Nos. 1943 and 1944 under Khatian No. 599 at Mouja-Sirakol, as back as on 31 st May, 2006, has not considered the petitioner's grievance as contained in his complaint being annexure P-1 to this writ petition at page 21 till date. Under such circumstances, the petitioner has filed this writ petition seeking issuance of direction upon the Prodhan of the concerned Gram Panchayat to consider the petitioner's grievance contained in the petitioner's complaint being annexure P-1 to this writ petition and to dispose of the same in accordance with law at an early date. After hearing the learned Advocate for the petitioner and after considering the materials on record this Court feels that no useful purpose will be served by keeping this application pending before this Court any more. In spite of service none appears on behalf of the respondents to oppose the petitioner's prayer at the time when this application is taken up for hearing today. Under such circumstances, this Court disposes of this writ petition by directing the Prodhan of the concerned Gram Panchayat to consider the grievance of the petitioner as contained in his complaint being annexure P-1 to this writ petition at page 21 and to dispose of the same by passing a reasoned after giving a reasonable opportunity of hearing to the petitioner as well as the private respondent No. 6 positively within a period of six weeks from the date of communication of this order. The concerned authority is also directed to communicate its decision to the petitioner as well as the private respondent within one week from the date of taking such decision. Needless to mention here that in the event any unauthorized construction is detected in the site, the concerned authority will take immediate steps for removal of such unauthorized construction in terms of provision contained in section 23 of the West Bengal Panchayat Act, 1973. The writ is, thus, disposed of. . . . . . "
(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. . . . ";