Shyamali Roy v. State Of West Bengal And ORS.

27.02.2026 Ct. No. 15 Sl. No.166 skg W.P.A. 10218 of 2025 Shyamali Roy Vs.

The State of West Bengal & Ors.

Mr. Debjit Mukherjee, Mr. Kaustav Bhattacharya, Ms. Priyanka Jana, ....for the petitioner Mr. Amal Kr. Sen, Ld. A.A.G.

Mr. Lal Mohan Basu, ...for the State Mr. Shayan Sachin Basu, Mr. Abhijit Adhikari, Mr. Suman Bose, ...for the respondent nos. 7 and 8 This writ petition has been filed with the following prayers:

(a) Issue a Writ in the nature of Mandamus by setting aside the order dated 09.04.2025 passed by the respondent No.3 being Annexure "P-13" forthwith;

(b) To issue a writ in the nature of Mandamus directing the Block Development Officer being respondent No.3 to cancel the sanctioned Building Plan in favour of the predecessor of the private respondents and to demolish the unauthorized construction thereon considering the report of the Block Land & Land Reforms Officer dated 08.04.2025 being Annexure "P-10" forthwith;

(c) Writ in the nature of Mandamus directing the Block Development Officer being the respondent no.3 to take immediate steps for cancellation of the Building Plan in terms of Section 26 of Chapter IV, Control of Building Operations of the West Bengal Panchayat (Gram Panchayat Administration) Rules 2004;

(d) Issue a Writ in the nature of certiorari commanding the respondents to produce the records of the case, so that upon perusal thereof conscionable;

(e) Rule NISI in terms of prayers (a) (b) (c) and (d) above;

(f) And as such further order or order may deem fit and proper;

The order dated April 9, 2025, passed by the Block Development Officer as indicated in the prayer above, appears to be one whereby the said officer referred the matter to the Sub-Divisional Officer on the basis of a report submitted by the concerned Block Land and Land Reforms Officer regarding an alleged unauthorized construction.

It further appears that, pursuant to the said order dated April 9, 2025, the concerned SubDivisional Officer has subsequently passed an order dated July 2, 2025.

In view of the aforesaid development, I am of the opinion that the present writ petition has become infructuous. The parties shall be at liberty to take appropriate steps in accordance with law in the light of the order dated July 2, 2025.

Let a copy of the order dated July 2, 2025 be kept on record.

Accordingly, W.P.A. 10218 of 2025 stands dismissed.

There shall be no order as to costs.

The Photostat copy of this order, if applied for, be supplied to the parties on an urgent basis. (Kausik Chanda, J.)