HC directs state to comply with order or face disciplinary actions

Kolkata: With a PIL alleging that despite the West Midnapore District Magistrate (DM) issuing orders on the basis of an earlier direction by the court, the state has still not acted on a case relating to a Panchayat Pradhan leasing out a government pond to a private party for pisciculture without any tender process, the Calcutta High Court directed immediate implementation of the order failing which disciplinary actions can be initiated against state government officers concerned.

The PIL was heard by the bench comprising Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya. The case relates to Palshya Gram Panchayat in West Midnapore where the petitioner claimed that the Panchayat Pradhan leased out a government pond measuring 1.22 acre to a private party for pisciculture without any tender process.

The petitioner informed that earlier in connection with this case, the court had directed the District Magistrate and rural development officer of West Midnapore to issue an explanation letter to the Panchayat Pradhan for violating West Bengal Land and Reforms Rules and Finance Rules while BL&LRO, Kharagpur II, was directed to recover the fees from the private respondent Paritosh Maity and others with the help of BDO for using the government pond from 1997 to 2021. However, in the latest PIL, the petitioner alleged though the order was passed by the district magistrate, till date, the authorities have not implemented the order.

The court directed that as long as the order passed by the District Magistrate has not been varied or set aside by the authorities on whom the directions have been issued, they shall have to obey the order, failing which the DM can initiate disciplinary actions against those officers.

The court directed: “The directions issued to the respondent authorities should be complied with by them within three weeks from date and the respondent authorities are directed to submit a compliance report to the

District Magistrate”.

Finally, the court directed that as long as the order passed by the District Magistrate is in force, the Panchayat authorities are not entitled to permit any person to entertain pisciculture operations without following the tender process.