Sek Abdul Bari And ORS. v. The State Of West Bengal And ORS.

29.07.2025 Item No.41.

gd/ssd WPA(P)/272/2025 SEK ABDUL BARI AND ORS.

VS THE STATE OF WEST BENGAL AND ORS.

Mr. Soumen Kumar Dutta, Mr. Subham Dutta ..for the Petitioners.

Mr. Sirsanya Bandopadhyay, Mr. Akash Dutta ..for the State.

Mr. Suman Sengupta, Mr. R.K. Singh, Md. Danish Farooqui ..for the respondent nos. 6 & 7.

Mr. Santimay Bhattacharyya, Mr. Ziaul Hoque ..for the respondent nos.10 & 11.

1. Heard on admission.

2. In this PIL the petitioners have raised grievance about construction and establishment of Panchayat office at a far of place, at a distance of about 1/2- kilometers.

3. Learned counsel for the petitioners submits that the petitioners have already preferred a representation before the District Magistrate.

4. The said authority may be directed to cause an enquiry and decide the representation.

5. The new panchayat building is consisting of three floors and in other floors the offices of other

departments/organizations are running. There is hardly a place to run a panchayat office in the said building.

6. Thus this PIL has been filed.

7. Learned counsel for the respondent nos. 6 and 7 submits that the Panchayat took a resolution to construct the present building and the said resolution was not called in question at any point of time.

8. The construction of the present building became subject matter of challenge in a PIL/WP 2756 (W) of 2019 (Sk. Joynul Hossain & ors. V. The State of West Bengal & ors.) which came to be dismissed on 5th April, 2019.

9. Once interference was declined at the time of construction of the building of Panchayat, the question of interference at a later stage does not arise.

10. No other point is placed.

11. We have heard the parties on this aspect at length.

12. A perusal of para 5 of WP 2756 (W) of 2019 shows that the challenge was mounted on the construction of Panchayat office at the behest of the petitioners therein.

13. However, this Court by an order dated 5th April, 2019 declined interference.

14. Now the building is complete and the Panchayat office has to function from the said building.

15. If no interference was made at the time of construction of building, we find no reason to interfere at this stage.

16. The PIL is devoid of substance and hereby dismissed.

( Sujoy Paul, J. ) ( Smita Das De, J. )