Calcutta High CourtWPA/1627/2026disposed

Mariam Bibi @ Mariyam Bibi v. State Of West Bengal And ORS.

2026-02-24Hon'Ble Justice Kausik Chanda2 pages

WPA 1627 of 2026 Mariam Bibi @ Mariyam Bibi Vs.

The State of West Bengal & Ors.

Mr. Sayan Banerjee ...for the Petitioner Mr. Joydip Basu ...for the State Md. Y. Mondal ...for Respondent Nos. 8 to 11 Let the report filed by the State be kept on record. 24-02-2026 AKG Ct. 15 The petitioner alleges unauthorized construction at the behest of respondent nos. 8 to 11 on Plot Nos. 485 and 486, J.L. No. 59, Mouza - Bara Gachhia, P.S. - Deganga, North 24 Parganas. The petitioner claims to have purchased the property from five co-sharers of the said land in the year 2024. It is further alleged that respondent nos. 8 to 11 have carried out unauthorized construction without obtaining any permission from the Panchayat Authority, who are also co-sharers of the said land. Learned counsel appearing for respondent nos.

8 to 11 submits that the construction does not require any sanction under the West Bengal Panchayat Act, 1973, as it is only a temporary tin-shed to be used as a kitchen. Learned counsel for the petitioner, however, has produced a notice dated January 22, 2026, issued by the Amulia Gram Panchayat. The notice directed both the petitioner and respondent nos.

for a hearing regarding the alleged unauthorized construction. The petitioner appeared before the Pradhan on the scheduled date, whereas respondent nos. 8 to 11 were absent.

In view of the above, I am not inclined to keep this writ petition pending. Accordingly, the Pradhan, Amulia Gram Panchayat, is directed to conclude the proceedings pursuant to the notice dated January 22, 2026, within fifteen days from the date of communication of this order. If any unauthorized construction is detected, the Pradhan shall take appropriate action in accordance with Section 23(5) of the West Bengal Panchayat Act, 1973. Accordingly, WPA 1627 of 2026 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)