Giyasuddin Baidya v. State Of West Bengal And ORS.

05.03.2026 rc/ct.no.15 Item No.66 WPA No. 3595 of 2026 Giyasuddin Baidya

Versus

The State of West Bengal & Ors.

Mr. Omar Faruk Gazi Mr. S. Panda ..for the petitioner Mr. Jyuoti Prakash Chatterjee Mr. Debabrata Mondal ..for the State Affidavit of service filed by the petitioner is taken on record.

None appears for the private respondents and the Panchayat despite service.

The petitioner alleges unauthorized construction being raised by the private respondent. The petitioner submitted a representation in this regard which was not considered for which a writ petition was filed before this Court. By an order passed on October 31, 2022, a coordinate Bench of this Court directed the concerned authority of Amlani Gram Panchayat to dispose of the representation submitted by the petitioner on certain terms. Pursuant to the same, the Pradhan, Amlani Gram Panchayat observed that no sanctioned plan was obtained from the competent authority by the private respondent in raising the construction and the same was in violation of the Panchayat Act.

Upon consideration of the submission made on behalf of the parties, this Court is of the view that since it has been held by the Pradhan, Amlani Gram Panchayat that the construction raised by the private respondent is in violation of the Panchayat Act, the Pradhan, Amlani Gram Panchayat, being the 7th respondent herein, is directed to take necessary steps for demolition of the said construction within seven days from the date of communication of this order, in accordance with law. The writ petition is disposed of.

There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ 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)