Asit Kumar Ghosh And ANR. v. State Of West Bengal And ORS.

WPA 3182 of 2025 A595 13-11-2025 AKG Ct. 15 Sri Asit Kumar Ghosh & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Bibek Chatterjee, Mr. Paramita Sahu, Ms. Susmita Sahu, Mr. Mrinal Kanti Das ...for the Petitioner Mr. Suddhadev Adak, Ms. Richa Pramanik ...for Respondent Nos. 10 to 14 It is the allegation of the petitioner that the residential building constructed by respondent nos. 10 to 14 over plot no.620, JL No.83, MouzaSenhat, Hooghly, is unauthorised, having been raised without obtaining any permission from the Panchayat Authority.

Learned counsel appearing for respondent nos. 10 to 14 submits that the petitioner purchased only a portion of Plot No. 620 in the years 2020 and 2023, whereas respondent nos. 10 to 14 constructed the said building at least fifteen years ago.

This factual position could not be disputed by learned counsel appearing for the petitioner.

In view of the aforesaid circumstances, I am not inclined to entertain this writ petition. The petitioner was fully aware of the existence of the constructed building at the time of his purchase of the property. At this stage,

therefore, the petitioner cannot seek an order of this Court directing demolition of the said building on the ground of non-availability of a sanctioned plan from the Panchayat Authority.

It further appears that during the pendency of this writ petition, respondent nos. 10 to 14 have instituted a civil suit, impleading the petitioner as a defendant therein. Considering the facts of the case, I am not inclined to entertain this writ petition. However, liberty is granted to the petitioner to make an appropriate application in the pending civil suit before the competent court, seeking such relief as may be available in law.

Accordingly, WPA 3182 of 2025 stands dismissed. 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.)