Brajendra Nath Gharami v. The State Of West Bengtal And ORS.

March 17, 2026

(20) ARDR WPA 9606 of 2025 Brajendra Nath Gaharami Vs.

The State of West Bengal & ors.

Adv. M. K. Sardar, Adv. Sudipta Sengupta, Adv. Aparna Mondal, ...for the petitioner.

Adv. Subir Pal, ...for the State.

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

None appears for the Panchayat or the private respondents despite service.

Learned counsel for the petitioner submits that the private respondents have been running a khatal in the plot adjoining his residential house without requisite permission from the concerned authority. The said business of the private respondents is causing nuisance and pollution in the neighbourhood. The petitioner submitted a representation in this regard before the concerned authorities on 7th March, 2025 which is yet to be considered.

Upon consideration of the submission made on behalf of the parties, the Pradhan, Gabberia Gram Panchayat, being the 7th respondent herein, is directed to consider and dispose of the representation submitted by the petitioner dated 7th March, 2025 within four weeks from the date of communication of this order upon

affording reasonable opportunity of hearing to the interested persons 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 business run 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.)