Mahadeb Ghosh v. State Of West Bengal And ORS.

June 17, 2026

(73) ARDR WPA 7021 of 2026 Mahadeb Ghosh Vs.

The State of West Bengal & ors.

Adv. Mahadeb Ghosh, ... petitioner in person.

Adv. Siddhartha Sarkar, Adv. Sourav Gupta, ...for the respondent nos. 6 to 8.

Adv. D. N. Ray, Ld. G.P., Adv. Madhu Jana, Adv. Puja Sonkar, ...for the State.

Affidavit of service and supplementary affidavit filed by the petitioner are taken on record.

In an earlier writ petition, being WPA 2232 of 2026, the petitioner alleged illegal construction being raised by one of the private respondents and sought demolition of the same. By an order passed on 24th February, 2026, a coordinate Bench of this Court held that the said construction was raised in terms of the sanctioned plan along with requisite conversion certificate issued by the competent authority. In the present writ petition, the petitioner has challenged the sanctioned building plan primarily on the ground that the 6th respondent Kalpana Ghosh has been granted permission to raise construction on one decimal of land which is practically not possible. Such sanction has been obtained in collusion and connivance with the Panchayat.

Learned counsel for the private respondents submits that the 6th respondent is the wife of Late Mantu Mohan Ghosh and the 7th and 8th respondents are his daughter

and son respectively. Sanction for construction was granted in favour of the 6th respondent in respect of one decimal of land, in favour of the 7th respondent in respect of two decimals of land and in favour of the 8th respondent in respect of one decimal of land, the total area sanctioned for construction being four decimals. A single residential unit is being raised by the private respondents in terms of the hree permissions granted in their favour. In view of the above, this Court is inclined to hold that there is no infirmity, illegality or irregularity in the permissions/sanction granted by the Panchayat in favour of the private respondents. It has already been held by this Court in the earlier writ petition that the construction has been raised in terms of the said sanction.

The writ petition is devoid of any merit and is accordingly dismissed.

There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the 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.)