Debdas Bera v. State Of West Bengal And ORS.

May 11, 2026

(15) ARDR WPA 7184 of 2026 Debdas Bera Vs.

The State of West Bengal & ors.

Adv. Lakshminath Bhattacharya, Adv. Subhankar Bose, ...for the petitioner.

Adv. Paulomi Ghosh, ...for the respondent nos. 11 to 13.

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

The State and the Panchayat are not represented despite service.

The petitioner alleges that the private respondents have raised unauthorised construction without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation before the concerned authority in this regard on 24th February, 2026 and seeks consideration of the same.

Denying such allegation, learned counsel for the private respondents submits that the construction has been completed before about three years.

Upon consideration of the submission made on behalf of the parties, this Court directs the Pradhan, Khari Gram Panchayat, being the 9th respondent herein, to consider and dispose of the representation submitted by the petitioner dated 2th February, 2026 within six weeks from the date of communication of this 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. In the event the construction raised by the private respondents is found to be illegal/unauthorised, the concerned authority shall take necessary steps in accordance with law.

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.)