Mantu Deshmukh And ORS. v. State Of West Bengal And ORS.

May 13, 2026

(20) ARDR WPA 12260 of 2025 Mantu Deshmukh & ors.

Vs.

The State of West Bengal & ors.

Adv. Neelabha Bera, Adv. Bodhidipta Mandal, Adv. Sumedha Baishya, ...for the petitioners.

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

The respondents are not represented despite service. Learned counsel for the petitioners submits that the private respondents have encroached upon their property and have raised construction without obtaining sanctioned building plan. The petitioners submitted a representation before the concerned authority in this regard on 22nd April, 2025 and seek consideration of the same.

The allegation of the petitioners with regard to encroachment of their property by the private respondents shall be dealt with by the appropriate civil forum. The petitioners are at liberty to approach the said forum for redressal of their grievance.

Insofar as the allegation of unauthorised construction is concerned, the Pradhan, Shyampur Gram Panchayat, being the 6th respondent herein, is directed to consider and dispose of the representation submitted by the petitioners within six 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 accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the 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.)