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Calcutta High CourtWPA/12289/2025disposed

Durgacharan Guchhait And ORS. v. State Of West Bengal And ORS.

2026-05-07Hon'Ble Justice Suvra Ghosh2 pages

07.05.2026 rc/ct.no.15 Item No.52 WPA No. 12289 of 2025 Durgacharan Guchhit & Ors.

Versus

The State of West Bengal & Ors.

Mr. S.P.Purkait Mr. Pradip Kumar Neogi ..for the petitioners Mr. Sukanta Das ...for the respondent no.11 Affidavit of service filed by the petitioner is taken on record.

The State and the Panchayet are not represented despite service.

The petitioners allege that the private respondent has raised construction without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned authority on December 26, 2023 and seek consideration of the same.

Denying such allegation learned counsel for the private respondent submits that construction in question was raised by the father of the private respondent in terms of the sanctioned building plan granted in his favour. Since the petitioners allege unauthorised construction raised by the private respondent without obtaining sanction, the Pradhan, 5 No. Satbankura Gram Panchayat, being the 5th respondent herein, is directed to consider and dispose of the same within six weeks from

the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioners 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)