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Calcutta High CourtWPA/11236/2025disposed

Priyajit Saha v. State Of West Bengal And ORS.

2026-03-18Hon'Ble Justice Suvra Ghosh2 pages

jdt. 18.03.2026 jb.

WPA 11236 of 2025 (Priyajit Saha vs. State of West Bengal & Ors.) Mr. Siva Prasad Ghose Mrs. Neha Roy Mr. Sujit Sahoo .... For the Petitioner Mr. Lalit Mohan Mahata Ziaul Haque .... For the State Mr. Shoumya Samanta Ms. Akansha Yadav .... For the Respondent nos. 7, 8 and 9 The Panchayat is not represented despite service of notice.

Learned counsel for the petitioner submits that the petitioner acquired title in respect of the plot in question by virtue of a sale certificate issued under Section 28 A (1)(c) of the Securities and Exchange Board of India on 26th November, 2021. However, only notional possession was accorded in his favour. The petitioner alleges that the Pradhan, Amdanga Panchayet, being the 5th respondent herein, is restraining him from taking possession of the property and is raising construction therein illegally.

Upon consideration of the submission made on behalf of the parties and material on record, this Court is of the view it is not in dispute that the petitioner has acquired title in respect of the plot in question by virtue of the sale certificate executed in his favour on 26th November, 2021. The petitioner has submitted a

representation before the 5th respondent on 13th May, 2025 seeking necessary steps to stop the illegal activity in the plot in question and mutation of the same in his favour.

The representation is yet to be considered.

The 5th respondent is directed to consider and dispose of the representation within four weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioner, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereof. Pending disposal of the representation, no further construction, if any, shall be carried on in the plot in question.

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.)