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Calcutta High CourtMAT/469/2026disposed

Piuli Nanda Panda v. The State Of West Bengal And ORS.

2026-03-30Hon'Ble Justice Shampa Sarkar,Hon'Ble Justice Ajay Kumar Gupta3 pages

30.03.2026 Court No. 12 Item No. 18 Sandip

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE M.A.T. 469 of 2026 IA No : CAN 1 of 2026 Piuli Nanda Panda -VersusThe State of West Bengal & Ors.

Mr. Sounak Bhattacharya, Mr. Sounak Mandal .....for the appellant 1) There is no scope for interference with the order of His Lordship dated February 23, 2026 passed in W.P.A. 1672 of 2026.

2) The grievance of the appellant before the writ Court was that a plot of land vested in the State, bearing L.R. Dag No. 759, J.L. No. 97, Mouza-Alankarpur, District - Purba Medinipur, measuring approximately 43 decimals. Out of which the petitioner was granted patta over 5 decimals. The Panchayat authority was constructing on the land.

3) Learned advocate for the State respondent appeared before His Lordship and filed a report. The report indicated that the remaining 38 decimals of Plot No. 759 had been transferred in favour of Padima-II Gram Panchayat for the purpose of constructing a new Gram Panchayat office.

4) According to the report, construction work was going on over the remaining 38 decimals, which had not been settled in favour of the

appellant by way of a patta. However, in order to protect the interest of the appellant His Lordship directed that the Additional District Magistrate, Purba Medinipur will demarcate the 5 decimals of land which was allegedly settled in favour of the appellant by way of a patta in L.R. Dag No. 759, within a month and the demarcation would be conducted after due notice to the appellant. On the remaining portion, construction for the Panchayat office could be raised.

5) We do not find any illegality and/or material irregularity in the order of His Lordship. By safeguarding and protecting the interest of the appellant, construction was permitted over an area which was not allotted to the appellant.

6) We direct the demarcation to be done immediately, if not already done, in presence of all the parties and the area so demarcated shall be reflected in a report with a sketch map. The records of the patta and transfer of land should be available with the department, which will be referred to at the stage of demarcation. An amin will be engaged for the purpose of demarcation by relayment. The report and sketch map shall be supplied to the parties.

7) Accordingly, the appeal and the connected application are disposed of.

8) Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Shampa Sarkar, J.)

(Ajay Kumar Gupta, J.)