Amritendu Das v. State Of West Bengal And ORS.
23.06.2026 rc/ct.no.15 Item No.16 WPA No. 11898 of 2026 Amritendu Das
Versus
The State of West Bengal & Ors.
Mr. Salil Kumar Maiti Ms. Dolan Samli ..for the petitioner Mr. D.N.Ray, Ld. G.P.
Mr. Madhu Jana Mrs. Puja Sonkar ...for the State Affidavit of service filed by the petitioner is taken on record.
Service upon the private respondent has returned with an endorsement "refused" which amounts to good service.
The Panchayat and the private respondent are not represented despite service.
The petitioner alleges that the private respondent is raising construction on rayati agricultural land belonging to the petitioner without conversion of the same and without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned authority on March 18, 2026 which is yet to be considered. The petitioner seeks consideration of the same.
In view of the above, the Pradhan, Guaberia - II Gram Panchayat, being the 4th respondent herein, is
directed to consider and dispose of the representation submitted by the petitioner dated March 18, 2026 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 respondent, 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 respondent 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, 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)