Sukumar Gayen And ANR. v. State Of West Bengal And ORS.

11.11.2025 Sl No.36 Ct. No.15 S.A.

WPA 15333 of 2025 Sukumar Gayen & Anr.

-vsState of West Bengal & Ors.

Mr. Narattam Acharyya Ms. Pranidhi Singh ...for the petitioners Mr. Himadri Sekhar Chakraborty Ms. Barnali Gupta ...for the State The petitioner submits that respondent no. 7 is making unauthorised construction on Dag No. 886, Khatian Nos. 1677 and 1678, Mouza-Saatbhaiya, Block Bhangore-II, District: South 24 Parganas. The petitioners claim to be co-owners of the said plot. Respondent no. 7 is not represented.

Let the affidavit of service filed by the petitioners be kept with the record.

From the report filed before this Court by the Officer-in-Charge, Uttar Kashipur Police Station, Bhangar Division, it appears that respondent no. 7 has undertaken construction under the Bangla Awas Yojana scheme by demolishing an existing old structure. At present, no fresh construction work is being carried out.

Such government-sponsored schemes generally prescribe a standard model of construction, and in such cases, the Panchayat

Authority does not ordinarily insist upon obtaining a sanctioned plan from the Panchayat.

The dispute, in essence, appears to be civil in nature, pertaining to the demarcation of Dag No. 886. It is noted that the petitioners have already instituted a Title Suit before the competent Civil Court in respect of the said dispute.

In view of the above facts, I am not inclined to entertain this writ petition. The petitioners have an adequate and efficacious remedy before the Civil Court.

Accordingly, WPA 15333 of 2025 stands dismissed.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)