Hasina Bibi And ORS. v. State Of West Bengal And ORS.

06.11.2025 ML.543 Court No.15 sg WPA 2027 of 2025 Hasina Bibi & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Ashis Kumar Chowdhury Mr. Sudip Jana Mr. Rohan Paul ....for the petitioner.

Mr. Ansar Mondal Ms. Sreelekha Bhattacharyya ....for the State.

Let the affidavit of service filed by the petitioner be kept with the records.

The petitioner alleges that the Fulur Gram Panchayat has undertaken the construction of an overhead reservoir on a plot of land owned by her. It is submitted that such construction has been carried out forcefully and without her consent. Learned counsel appearing for the State, on the other hand, submits that the construction of the overhead reservoir has been undertaken under the Jal Jeevan Mission Scheme.

It appears that the petitioner approached the Civil Court by filing Title Suit No. 45 of 2024, asserting her right, title, and interest over the property in question. However, the said suit was decreed on compromise, permitting the Panchayat to proceed with the construction work.

Learned counsel appearing for the petitioner submits that the petitioner, being an illiterate lady, was unaware of the consent decree passed by the Civil Court, and that the same was obtained through misrepresentation by the Panchayat authorities. This Court is unable to entertain the present writ petition. Considering the fact that a consent decree has already been passed by the Civil Court, such decree can be annulled only by a competent Civil Court in accordance with law. It is not for this Court, in exercise of its writ jurisdiction, to adjudicate upon whether the said consent decree was obtained through misrepresentation or at the instance of the Panchayat.

Accordingly, this Court is not inclined to entertain the present writ petition.

WPA of is accordingly dismissed.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all formalities.

( Kausik Chanda, J. )