Sudipta Das Sadhukhan v. State Of West Bengal And ORS.

jdt. 11.06.2026 jb.

WPA 11707 of 2026 (Sudipta Das Sadhukhan vs. State of West Bengal & Ors.) Mr. Abhirup Chakraborty Ms. Laila Khatun .... For the Petitioner Mr. Madhu Jana Ms. Puja Sonkar .... For the State Mr. Chandra Nath Sarkar .... For the Respondent no. 7 Affidavit of service filed on behalf of the petitioner is taken on record.

The Zilla Parishad and Panchayat are not represented despite service.

The petitioner alleges that the private respondents have raised unauthorised construction without obtaining sanction from the concerned Panchayat. In reply to an application filed by the petitioner under the Right to Information Act the Panchayat and the Zilla Parishad have informed that no sanction was granted by the said authorities in respect of the construction raised by the private respondents.

The petitioner submitted representations before the concerned authority through her learned advocate on 16th April, 2026 and 4th May, 2026 respectively and seeks consideration of the same. Opposing such allegation, learned counsel for the private respondents submits that the private respondents purchased the plot in question alongwith a structure thereon. The alleged structure has been standing on the plot for a long time.

Upon consideration of the submission made on behalf of the parties, this Court is of the view that since the petitioner has alleged unauthorised construction being raised by the private respondents in the plot in question and also, as the representations submitted by her are pending, the Pradhan, Champahati Gram Panchayat, being the 5th respondent herein, is directed to consider and dispose of the same within four 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 disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)