Tapan Kumar Jana v. State Of West Bengal And ORS.

25.03.2026 Ct. No.15 b.das WPA 5691 of 2026 Tapan Krmar Jana Vs.

The State of W. B. & Ors.

Mr. Sanat Kr. Roy Mr. Baidurya Ghosal ...for the petitioner.

Mr. Subham Dutta ...for respondent nos.4 & 5.

Mr. D. N. Banerjee Mr. Amartya Pal ...for the State.

Mr. Soumen Kr. Dutta ...for the respondent no.2 Affidavit of service filed by the petitioner is taken on record.

The petitioner alleges raising of boundary wall by the private respondent without obtaining sanctioned plan. After a prolonged litigation and intervention by this Court, the Sub-Divisional officer, by an order passed on 4th July, 2024, held that the boundary wall constructed by the private respondent was in contravention of the West Bengal Panchayat Act, 1973 and the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004 and was required to be demolished.

The said order was assailed by the private respondent before this Court and by an order passed on 3rd April, 2025 in WPA 30384 of 2024, the writ petition was dismissed. The petitioner seeks implementation of the said order.

It is submitted on behalf of the private respondent as well as the Panchayat that pursuant to the dismissal of the writ petition filed by the private respondent, the boundary wall has been demolished. The private respondent sought fresh sanction for raising a new boundary wall before the Panchayat and such sanction has been granted. The new boundary wall has already been constructed.

In view of the above, nothing further remains to be decided in the writ petition. The same is disposed of accordingly.

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.)