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Calcutta High CourtWPA/2212/2026disposed

Biswajit Kumar Das v. State Of West Bengal And ORS.

2026-06-17Hon'Ble Justice Suvra Ghosh2 pages

June 17, 2026

(51) ARDR WPA 2212 of 2026 Biswajit Kumar Das Vs.

The State of West Bengal & ors.

Adv. Md. Younush Mondal, ...for the petitioner.

Adv. Madhu Jana, Adv. Puja Sonkar, ...for the State.

The Panchayat and the private respondents are not represented despite service.

The petitioner seeks implementation of the order passed on 18th November, 2025 by the Sub Divisional Officer, Barasat (Sadar) and competent authority, West Bengal Panchayat Act, 1973, being the 4th respondent herein.

Pursuant to an order passed by this Court in WPA 9449 of 2020 on 6th August, 2021, the Pradhan, Deganga I Gram Panchayat took up the issue of unauthorised construction raised by the private respondents as alleged by the petitioner herein and by an order passed on 4th November, 2025, recorded that the private respondents illegally encroached and occupied the plot in question recorded as Government land. The order was referred to the Sub Divisional Officer, being the 4th respondent herein, who passed an order on 18th November, 2025 upon hearing all the interested parties recording that the unauthorised construction was required to be demolished. The private respondents herein were directed to demolish the unauthorised construction within fifteen days from the

date of communication of the order. The order was assailed by the private respondent in a writ petition, being WPA 27738 of 2025 which was dismissed for default by an order passed on 10th April, 2026.

The petitioner seeks implementation of the said order.

In view of the above, the 4th respondent is directed to implement the order passed by him on 18th November, 2025 within four weeks from the date of communication of this order.

The Inspector in charge, Deganga Police Station, being the 5th respondent herein, is directed to render necessary assistance to the 4th respondent in this regard. The writ petition is accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)