Sk. Md. Sabir And ANR. v. The State Of West Bengal And ORS.

03.09.2025 D/L 23 Ct. No.42 ab

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 12858 of 2025 Sk. Md. Sabir & Anr.

Versus

The State of West Bengal & Ors.

Mr. Satyendra Agarwal, Mr. Bijoy Bag, Mr. Goutam Malik ...for the Petitioners Mr. Himadri Sikhar Chakraborty, Ms. Susnita Saha ...for the State

1. Affidavit of service filed on behalf of petitioner is taken on record.

2. By the present writ petition, the petitioners seek for direction upon respondent no. 4, the Prodhan, 6 No. Mohanpur Gram Panchayat, Block-Ghatal, Paschim Medinipur for issuing sanctioned building plan in favour of the petitioners.

3. The petitioners contend that by way of purchase, the petitioners became the owner in respect of R.S. Plot No. 796 corresponding to L. R. Khatian Nos. 2844 and 2201, within Mouza-Mulgram, J. L. No. 75, P.S. Ghatal, District- Paschim Medinipur having an area of 2 decimals out of 27 decimals. The petitioners got the land converted from 'Jal' to 'Vastu'. Thereafter, the petitioners made applications on 31st May, 2025

before the local Gram Panchayat for issuance of sanctioned building plan in order to undertake the work of construction. However, till date, the local Gram Panchayat has not issued the sanctioned building plan in favour of the petitioners, hence this writ petition.

4. Mr. Satyendra Agarwal, learned advocate for the petitioners submits that specific direction be issued upon respondent no. 4 for issuance of sanctioned building plan in favour of the petitioners within a stipulated period.

5. Mr. Himadri Sikhar Chakraborty, learned advocate for the State also submits in the similar fashion.

6. Despite service, none appears on behalf of the respondent no. 4, the Prodhan, 6 No. Mohanpur Gram Panchayat, Block-Ghatal, Paschim Medinipur.

7. Admittedly, the petitioners made applications on 31st May, 2025 before the respondent no. 4 for issuance of sanctioned building plan in their favour in order to undertake the work of construction. However, it is found that such applications have not been considered by the respondent no. 4 till date.

8. Accordingly, the writ petition being WPA 12858 of 2025 is disposed of by directing the respondent no. 4, the Prodhan, 6 No. Mohanpur Gram Panchayat, Block-Ghatal, Paschim Medinipur to consider the applications of the petitioners dated 31st May, 2025

for sanction of building plan and decide the same in accordance with law within a period of 30 days from the date of communication of this order.

9. The learned Advocate for the petitioners is directed to communicate this order to respondent no. 4, the Prodhan, 6 No. Mohanpur Gram Panchayat, BlockGhatal, Paschim Medinipur along with copy of the applications dated 31st May, 2025 for necessary compliance.

10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

11. Interim order, if any, stands vacated.

12. All connected applications, if any, stand disposed of.

13. There shall be no order as to costs.

14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

15. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)