S/L 65 v. The State of West Bengal & Ors.

interested parties. If the parties are not available to accept notice, the same shall be affixed at a conspicuous place in the respective premises. b) In case, it is found on preliminary inspection that there may be reasons to believe construction was without permission and had been continuing, the authorities may take such interim measures by stopping such construction. c) The report of such inspection shall be prepared along with the sketch map, indicating the extent and nature of unauthorized construction, if any. d) Such report shall be handed over to the parties. The question of right, title and possession shall not be decided by the panchayat authorities. e) A hearing shall be given to the petitioner and the respondent nos.6 and 7. The parties must also be allowed to furnish their written objection/version the said report and adduce oral and documentary evidence support of contentions before the competent authority. All points raised by either party, will be decided. The 3 age of the construction shall be ascertained as it is the specific contention of the respondent Nos. 6 and 7 that the construction had existed since long. f) A reasoned order shall be passed communicated to the parties. On the basis of what transpires at the hearing and during inspection, the proceedings shall be reached logical conclusion in terms of Section 23(5) of the West Bengal Panchayat Act, 1973. The court has not gone into the merits of the claims of the petitioner and the issues involved shall be decided independently. The entire exercise shall be completed within a period of four months from date of receipt of the complaint of the petitioner. Accordingly, the writ petition is disposed of. However, there will be no order as to costs. All the parties are directed to act on the basis of the server copy of this order. (Shampa Sarkar, J.)