Mojibur Rahaman And ORS v. State Of West Bengal And ORS.

jdt. 27.04.2026 jb.

WPA 6341 of 2026 (Mojibur Rahaman & Ors. vs. State of West Bengal & Ors.) Gazi Faruque Hossain Rakib Hussain Khan .... For the Petitioners Mr. Malay Kr. Singh Md. Abu Reja J. Karim .... For the State Affidavit of service filed by the petitioners is taken on record.

None appears for the private respondent and the Panchayat despite service.

The petitioners allege unauthorised construction raised by the private respondent without obtaining sanction from the concerned Panchayat. In response to an application filed by the petitioners under the Right to Information Act, 2005 the concerned Panchayat has informed that no permission was granted or plan sanctioned by the Panchayat for the construction raised by the private respondent. The petitioners submitted a representation in this regard before the concerned authority on 9th February, 2026 which is yet to be considered. The petitioners seek consideration of the same.

Upon consideration of the submission made on behalf of the parties, this Court is of the view that since the petitioners allege unauthorised construction raised by the private respondent and a representation submitted by them before the concerned authority is pending, the Pradhan,

Sadikpur 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 petitioners and the private respondent, in accordance with law. The decision taken by the authority shall be communicated to the parties within a week thereof. In the event the construction raised by the private respondent is found to be illegal/unauthorised, the concerned authority shall take necessary steps, in accordance with law.

The writ petition is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)