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Calcutta High CourtWPA/12317/2026disposed

Binay Kukmar Das v. State Of West Bengal And ORS.

2026-06-19Hon'Ble Justice Suvra Ghosh2 pages

19.06.2026 Ct. No.15 b.das WPA 12317 of 2026 Binoy Kumar Das Vs.

The State of W.B. & Ors.

Mr. Anup Dasgupta ...for the petitioner.

Mr. Madhu Jana Ms. Puja Sonkar ...for the State.

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

The Panchayat and the private respondent are not represented despite service.

Learned counsel for the petitioner submits that the private respondents have been raising unauthorized construction in the plot in question without obtaining sanction from the concerned Panchayat.

In response to an application filed by the petitioner under the Right to Information Act, 2005, the Pradhan, Shibrampur Gram Panchayat has informed that no building permission has been granted in favour of the private respondents for raising construction in the said plot.

The petitioner submitted a representation in this regard before the concerned authority on 2nd April, 2026, and seeks consideration of the same.

In view of the above, the Pradhan, Shibrampur Gram Pachayat, being the 6th respondent herein, is directed to

consider and dispose of the representation submitted by the petitioner dated 2nd April, 2026 within four weeks from the date of communication of this order upon affording 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 unauthorized/illegal, the concerned authority shall take necessary steps in accordance with law.

The writ petition is disposed of accordingly. 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.)