Gita Deb v. State Of West Bengal And ORS.

25.03.2026 rc/ct.no.15 Item No.05 WPA No. 5276 of 2025 with CAN No. 1 of 2026 Gita Deb

Versus

The State of West Bengal & Ors.

Mr. Sounak Bhattacharjee Mr. Sounak Mandal Mr. Abhirup Halder Ms. Bipasha Bhattacharyya ..for the Petitioners Mr. Subhankar Bose ...for the respondent no. 3 Mr. Rabindra Nath Basak Mr. Sujit Chatterjee ...for the State Re :

CAN No. 1 of 2026 Affidavit of service filed by the applicants/petitioners is taken on record.

The applicants/petitioners seek restoration of the writ petition which was dismissed for default by an order passed on January 21, 2026.

Heard learned counsels for the parties.

Sufficient grounds being made out, the application being CAN 1 of 2026 is allowed.

The order dated January 21, 2026 is set aside. The writ petition is restored to its original file and number. CAN No. 1 of 2026 is disposed of.

Re :

WPA No. 5276 of 2025 Affidavit of service filed by the petitioners is taken on record.

None appears for the Panchayat despite service. Learned counsel for the petitioner submits that the private respondent is raising construction without obtaining sanctioned plan from the concerned Panchayat and in violation of the building rules. The petitioner submitted a representation before the concerned authority in this regard on August 12, 2024 which is yet to be considered. The petitioner seeks consideration of the same. Learned counsel for the private respondent denies and disputes the allegation raised by the petitioner and submits that necessary permission has been obtained from the Gram Panchayat for the construction.

Be that as it may, since the representation submitted by the petitioner before the concerned authority is pending, the Pradhan, Sarisha Gram Panchayat, being the 8th respondent herein, is directed to consider and dispose of the same within six weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioner and the private respondent, in accordance with law.

The decision taken by the authority shall be communicated to the parties within a week thereof. 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)