Sourendra De v. The State Of West Bengal And ORS.

27.04.2026 Ct. No.15 b.das WPA 18801 of 2025 Sourendra De Vs.

The State of W. B. & Ors.

Mr. Sanjib Bandyopadhyay ...for the petitioner.

Mr. Wasim Ahmed ...for the State.

Mr. Sounak Bhattacharya Mr. Sounak Mondal Ms. Bipasha Bhattacharya...for respondent nos.6-7. Affidavit of service filed by the petitioner is taken on record.

None appears for the Panchayat despite service. Learned counsel for the petitioner submits that the petitioner and the private respondents are owners of adjacent plots of land and a preemption case filed by the petitioner is pending between them.

The petitioner alleges that the private respondents have raised construction in their plot by deviating from the sanctioned building plan granted in their favour by the concerned Panchayat.

The petitioner submitted representations in this regard before the concerned authority on 13th March, 2025 and 18th July, 2025 respectively and seeks consideration of the same. Learned counsel for the private respondents submits that the private respondents have raised construction in

terms of the sanctioned building plan granted in their favour.

Upon consideration of the submission made on behalf of the parties, this Court is of the view that since the petitioner alleges deviation from the sanctioned plan by the private respondents and representations submitted by the petitioner in this regard are pending, the Pradhan, Satilapur, Gram Panchayat, being the 5th respondent herein, is directed to consider and dispose of the same within six 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 in deviation of the sanctioned building plan granted to them, the concerned authority shall take necessary steps in accordance with law. The writ petition is disposed of accordingly. 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.)