S/L 67 v. The State of West Bengal & Ors.
Case at a glance
Outcome
Disposed of
Accordingly, the writ petition is disposed of
Provisions considered
- West Bengal Panchayat Act, 1973 s. 23(5)
Judgment
Operative part
January 11, 2022. Such representation shall be disposed of by the concerned gram panchayat, in accordance with law. 2 While doing so, the following procedure shall be adopted:- a) An inspection shall be conducted. Such inspection shall be held in the presence of the petitioner and the respondent no.9 An advance notice of the inspection shall be served upon the petitioner and the respondent no.9 and all other 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 no.9. The parties must also be allowed to furnish their written objection/version to the said report and adduce oral and documentary evidence in support of their contentions before the competent authority. All points raised by either party, will be decided. 3 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.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petition is disposed of
Which statutory provisions did this judgment involve?
West Bengal Panchayat Act, 1973 — s. 23(5).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.