Sk. Hasan Ali v. The State Of West Bengal And ORS.

03.12.2025 Sl No.567 Ct. No.15 S.A.

WPA 9215 of 2024 Sk. Hasan Ali -vsThe State of West Bengal & Ors.

Mr. Debasis Sur Mr. Dilip Kumar Das Mr. Mrinmoy Chatterjee ...for the petitioner The petitioner alleges that respondent nos. 6 and 7 have erected a bamboo fence encroaching upon a portion of the land owned by the petitioner. The petitioner, therefore, seeks a direction upon the Panchayat Authority for removal of the said fencing. There is no scope to grant any relief in this writ petition. A bamboo fence does not constitute a construction for which prior permission from the Panchayat Authority is required. Insofar as the allegation of encroachment is concerned, the issue is purely civil in nature and cannot be adjudicated by the Panchayat Authority.

Accordingly, this writ petition is not entertained. The petitioner shall, however, be at liberty to approach the competent Civil Court for redressal of his grievance.

WPA 9215 of 2024 is, therefore, dismissed.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)