Calcutta High CourtWPA/3340/2025disposed

Bandana Das v. The State Of West Bengal And ORS.

2025-09-19Hon'Ble Justice Kausik Chanda2 pages

19.09.2025 Sl.238.

Suman Ct.No.15 WPA 3340 of 2025 Smt. Bandana Das Vs.

The State of West Bengal and Ors.

Mr. Pinaki Ranjan Mitra ..for the petitioner Ms. Runu Chowdhury Mr. Swapan Kumar Chatterjee ..for the State Mr. M. Sinha ..for the respondent The petitioner alleges that an unauthorised construction had been undertaken at the instance of respondent nos. 6, 7, and 8. He accordingly, filed WPA 14215 of 2023 (Smt. Bandana Das v. The State of West Bengal and Others). By an order dated February 27, 2024, a Coordinate Bench of this Court directed the Howrah Zilla Parishad to consider the petitioner's prayer. Pursuant thereto, by an order dated June 28, 2024, the Howrah Zilla Parishad observed that the petitioner should approach the concerned Panchayat Samity.

In compliance, the petitioner submitted a representation before the concerned authority, namely the Sankrail Panchayat Samity, having its office at Sankrail, Howrah. Learned counsel for the petitioner

submits that despite the representation dated August 7, 2024, no action has yet been taken.

Conversely, learned counsel for respondent nos. 6, 7, and 8 contends that the petitioner's allegation of encroachment pertains to a civil dispute, which falls outside the adjudicatory domain of the Panchayat Samity.

Having considered the submissions, I am not inclined to enter into an adjudication of the underlying dispute in the present writ petition. Nevertheless, this writ petition is disposed of with a direction upon the Sankrail Panchayat Samity to grant an opportunity of hearing to the petitioner as well as respondent nos. 6, 7, and 8, and thereafter to decide the petitioner's representation dated August 7, 2024, by passing a reasoned order in accordance with law within a period of three months from the date of communication of this order.

Accordingly, WPA 3340 of 2025 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)