Raninagar Laskarpur Jame Mosjid v. The State Of West Bengal And ORS.
19.03.2026 rc/ct.no.15 Item No.31 WPA No. 19006 of 2024 Raninagar Laskarpur Jame Mosjid
Versus
The State of West Bengal & Ors.
Mr. Hamidur Rahaman ..for the petitioner Mr. Lalit Mohan Mahata Mr. Prasanta Behari Mahata ..for the State Mr. Anirban Das Mr. Samrat Chakraborty Mr. Saikat Gayen ...for the private respondents The Panchayat is not represented.
Learned counsel for the petitioner submits that the private respondents have raised unauthorized construction by encroaching upon the land belonging to the mosque without obtaining any sanctioned plan from the concerned Panchayat. The petitioner filed a title suit against the private respondents which is pending. The petitioner also submitted a representation before the concerned authority on April 17, 2024 which is yet to be considered. The petitioner seeks consideration of the same.
Learned counsel for the private respondents denies and disputes the allegations made by the petitioner. Upon consideration of the submission made on behalf of the parties this Court is inclined to hold that the allegation of the petitioner with regard to the encroachment of the property in question by the private respondents shall be dealt with by the learned civil Court.
Since the petitioner alleges unauthorized construction raised by the private respondents without obtaining sanctioned plan, the Pradhan, Raninagar 1 Gram Panchayat being the 3rd respondent herein, is directed to consider and dispose of the representation submitted by the petitioner dated April 17, 2024 within four weeks from the date of communication of this order upon affording 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/ unauthorized, necessary steps be taken by the concerned authority, in accordance with law.
The writ petition is disposed of.
There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ 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)