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Calcutta High CourtWPA/2647/2025disposed

Sanjay Jana v. State Of West Bengal And ORS.

2025-11-06Hon'Ble Justice Kausik Chanda3 pages

06.11.2025 ML.569 Court No.15 sg WPA 2647 of 2025 Sanjay Jana Vs.

The State of West Bengal & Ors.

Mr. Kinsuk Mondal Ms. Gopa Das ....for the petitioner.

Ms. Somoshree Saha Mr. S.K. Ghosh ....for the respondent no.9.

Ms. Anwari Quraoshi Mr. Dilip Kr. Ghosh ....for the State.

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

It is the grievance of the petitioner that respondent no. 7 has made an unauthorized construction on plot no. 2061, Mouza Rasan, Police Station - Egra, District - Purba Medinipur. The petitioner submits that he is a co-owner of the said plot. It is alleged that the petitioner and respondent no. 7 are co-owners in respect of the aforesaid property. It is further alleged that respondent no. 7 has undertaken unauthorized construction in such a manner as to obstruct the petitioner's free ingress to and egress from his portion of the said plot. Learned advocate appearing for respondent no. 7 submits that his client constructed a small shop room for the purchase and sale of paddy in the

year 2021. It is contended that there had been an amicable settlement between the petitioner and respondent no. 7 regarding the use of the land in question through the intervention of the local Panchayat, and that the said shop was constructed and is being operated pursuant to such mutual understanding.

Having regard to the aforesaid disputed questions of fact, this Court is not inclined to keep the present writ petition pending. The writ petition is, therefore, disposed of with a direction upon the Chhatri Gram Panchayat, Egra-I Block, Post Office - Baranihari, Police Station - Egra, District - Purba Medinipur, to consider the representation of the writ petitioner appearing at page 24 of the writ petition. The Panchayat shall afford an opportunity of hearing to all concerned parties and thereafter pass a reasoned order, communicating the same to the petitioner.

The entire exercise shall be completed within a period of three months from the date of this order. Accordingly, WPA 2647 of 2025 stands disposed of.

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

( Kausik Chanda, J. )