Rabindra Barik @ Rabindra Nath Barik And ORS. v. The State Of West Bengal And ORS.

May 7, 2026

(65) ARDR WPA 15598 of 2025 Rabindra Barik @ Rabindra Nath Barik & ors.

Vs.

The State of West Bengal & ors.

Adv. Dip Jyoti Chakraborty, Adv. Chitrak Biswas, ...for the petitioners.

Adv. Santimay Bhattacharyya, Adv. Ziaul Haque, Adv. Anirban Das, ...for the respondent nos.5 & 6.

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

The State and the Panchayat are not represented despite service.

The petitioners allege that the private respondent has raised unauthorised construction without obtaining sanction from the concerned Panchayat. The petitioners submitted a representation before the concerned authority in this regard on 18th June, 2025 which is yet to be considered. The petitioners seek consideration of the same. Learned counsel for the Zilla Parishad submits that the concerned Panchayat Pradhan be directed to consider the representation submitted by the petitioners. In view of the above, the Pradhan, Kashipur Gram Panchayat, being the 11th respondent herein, is directed to consider and dispose of the same within six weeks from the date of communication of the order upon granting reasonable opportunity of hearing to all concerned including the petitioners and the private respondent or their legal representatives, 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 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.)