Ranjit Kumar Maity v. State Of West Bengal And ORS.

13.11.2025 ML.605 Court No.15 sg WPA 3507 of 2025 Ranjit Kumar Maity Vs.

The State of West Bengal & Ors.

Mr. Sounak Bhattacharya Mr. Sounak Mandal ....for the petitioner.

Mr. Naba Kumar Das Mr. Somnath Mukhopadhyay ....for the State.

The affidavit of service filed by the petitioner is taken on record.

It is the grievance of the petitioner that he is the owner of a plot of land being L.R. Dag No. 313/1801, Mouza - Dumurdari, J.L. No. 260, District - Purba Medinipur. The petitioner asserts his right, title, and interest over the said property and submits that he had instituted a civil suit against respondent No. 8. Respondent No. 8, in turn, filed a counter-claim in the said suit. The suit was decreed on 19th July, 2013, declaring the deed executed in favour of respondent No. 8 to be void. The appeal preferred against the said decree was also dismissed for default.

The petitioner now alleges that, despite dismissal of the appeal, respondent No. 8 has recently commenced construction work over the

disputed plot of land. It is further alleged that such construction has been undertaken without obtaining permission from the concerned Panchayat authority. The petitioner made a representation seeking redressal of his grievance on January 18, 2025, which appears at page 36 of the writ petition.

It is submitted that the said representation has not yet been considered by the respondents. Respondent No. 8 is not represented in this proceeding.

In the above circumstances, I do not find any justification to keep this writ petition pending. Accordingly, WPA 3507 of 2025 is disposed of with a direction upon the Pradhan, Mukhberia Gram Panchayat, to consider the petitioner's representation appearing at page 36 of the writ petition and to take necessary steps, in terms of Section 23(5) of the West Bengal Panchayat Act, if any unauthorized construction has indeed been undertaken.

The entire exercise shall be completed within a period of eight weeks from the date of communication of this order, after affording an opportunity of hearing to all concerned parties, including respondent no.8.

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

( Kausik Chanda, J. )