Julekha Begam v. State Of West Bengal And ORS.

May 6, 2026

(67) ARDR WPA 6989 of 2026 Julekha Begum Vs.

The State of West Bengal & ors.

Adv. S. S. Arefin, Adv. Anamika Jana, ...for the petitioner.

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

The respondents are not represented despite service. The petitioner alleges that the Pradhan, Ghoshpur Gram Panchayat, being the 3rd respondent herein, has granted sanctioned building plan in favour of the private respondent in respect of plot no. 3744 under Mouza Ghoshpur, J.L. no. 14, District Hooghly which is recorded as 'pukur' in the L.R. record of rights. The petitioner submitted an objection before the said Pradhan on 9th March, 2026 seeking cancellation of the sanctioned plan which is still pending. The petitioner seeks consideration of the same.

It is trite law that sanction for construction of building cannot be granted in respect of a plot which is recorded as 'pukur'. Since the objection submitted by the petitioner in this regard before the concerned authority is pending, the 3rd respondent is directed to consider and dispose of the same within six weeks from the date of communication of the order upon granting reasonable opportunity of hearing to all concerned including the

petitioner and the private respondents, in accordance with law.

The decision taken by the authority shall be communicated to the parties within a week thereof. No construction shall continue in plot no. 3744 in terms of the sanctioned plan granted in favour of the private respondent till disposal of the objection. The writ petition is accordingly disposed of. 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.)