Malina Sardar And ORS v. State Of West Bengal And ORS.

25.03.2026 Ct. No.15 b.das WPA 5890 of 2026 Malina Sardar & Ors.

Vs.

The State of W. B. & Ors.

Mr. Kanai Lal Mondal Mr. S. K. pal ...for the petitioners.

Ms. Sabnam De Bardhan Ms. Subhasri Chatterjee ...for the State.

Affidavit of service filed by the petitioners is taken on record.

None appears for the Panchayat and private respondents despite service.

The petitioners allege that the private respondents have been raising construction without obtaining sanctioned plan from the concerned authority. The petitioners submitted a representation in this regard before the concerned authority on 6th February, 2026 and seek consideration of the same.

It appears from the representation that the petitioners have raised objection to the sanction granted to the private respondents under Banglar Awas Yojana Scheme.

The petitioners submit that though the construction is being raised on their land, their consent was not taken. Upon consideration of the submission made on behalf of the parties, this Court is of the view that since the

representation submitted by the petitioners on 6th February, 2026 is pending, the Pradhan, Tardah Gram Panchayat, being the 7th respondent herein, is directed to consider and dispose of the representation within six weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioners and the private respondents, in accordance with law.

The decision taken by the authority shall be communicated to the parties within a week thereof. Pending disposal of the representation, the private respondents shall refrain from continuing with the construction in the plot in question.

The writ petition 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.)