Gita Mondal v. State Of West Bengal And ORS.

08.05.2026 Ct. No.15 b.das WPA 9561 of 2026 Gita Mondal Vs.

The State of W.B. & Ors.

Mr. Chandra Nath Sarkar Mr. Sounak Mondal ...for the petitioner.

Mr. Lakshminath Bhattacharya ...for the private respondent.

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

None appears for the State and the Panchayat despite service.

The petitioner alleges that the private respondents are raising construction on a piece of land intervening two water bodies without obtaining sanctioned plan and by filling up the water bodies.

The petitioner submitted a representation in this regard before the concerned authority on 23rd March, 2026 and seeks consideration of the same.

Denying such allegation, learned counsel for the private respondent submits that several constructions have been raised by the private respondents, the petitioner and others in the plot in question.

In view of the allegation made by the petitioner that the private respondents are raising construction by filling up the water body without obtaining sanction from the

concerned Panchayat, the Pradhan, Mayahowri Gram Panchayat being the 7th respondent herein, is directed to consider and dispose of the representation submitted by the petitioner dated 23rd March, 2026 within six weeks from the date of communication of this order upon affording 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 or any other person in the plot in question is found to be unauthorized/illegal, the concerned authority shall take necessary steps in accordance with law. The writ petition is disposed of accordingly. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ 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.)