MRS. KANIKA BISWAS Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2018-1-402
HIGH COURT OF CALCUTTA
Decided on January 25,2018

Mrs. Kanika Biswas Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

Subrata Talukdar, J. - (1.) Party/Parties are represented in the order of their name/names as printed above in the cause title.
(2.) On a conjoint consideration of the stand taken by the parties the following facts emerge:- a) That the private respondent nos. 9 and 10 in the present writ petition filed an earlier writ petition, being W.P. 6033 (W) of 2015; b) By the order dated 30th of June, 2015, W.P. 6033 (W) of 2015 was disposed of with a direction upon the Pradhan, Singur-I Gram Panchayat (GP), the present respondent No. 3, to consider and dispose of the representation of the present private respondent nos. 9 and 10 dated 19th of January, 2015 on the issue of the construction of the dwelling house of the present petitioner without a sanctioned plan; c) The Hon'ble Court was further pleased to direct that the Pradhan shall grant the representative of the present petitioner as well as the representative of the present private respondents an opportunity of being heard. The Pradhan shall also cause physical verification of the premises through a competent person; d) In a strange turn of events the Pradhan passed his so-called reasoned order on the 25th of March, 2016, i.e. beyond the period granted by Court by the order of 30th of June, 2015. The Pradhan came to the conclusion that no sanctioned building plan and no documents connected to such sanction were at all produced by the present petitioner at the hearing and, therefore, the dwelling house of the petitioner is an unauthorised construction liable to be demolished.
(3.) Mr. Chatterjee, Learned State Counsel, files, on instructions, a written statement dated 11th of December, 2017 of the Pradhan which, inter alia, discloses that for the first time the Pradhan received a copy of the sketch map of the building plan and the plan annexed to the application of the present petitioner. Such documents would now need to be verified.;


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