Debabrata Bar v. State Of West Bengal And ORS.
June 18, 2026
(39) ARDR WPA 21090 of 2024 Debabrata Bar Vs.
The State of West Bengal & ors.
Adv. S. M. Hassan, Adv. Bhagirath Dey, Adv. Anupama Yasmin, ...for the petitioner.
Adv. Manik Das, ...for the respondent no. 9.
Adv. D. N. Ray, Ld. G.P., Adv. Madhu Jana, Adv. Puja Sonkar, ...for the State.
The petitioner and the private respondents are admittedly co-sharers in respect of the plot in question. The petitioner alleges that the private respondents have raised construction therein without obtaining sanction from the concerned Panchayat.
Learned counsel for the 9th respondent provides an order passed by the Sub Divisional Magistrate, Contai, Purba Medinipur on 29th January, which demonstrates that the construction raised by the 9th respondent is under a housing scheme of the Government and is exempted from sanction. The said construction is not unauthorised as appears from the order. However, the other house owned by Sripati Bar, the 12th respondent herein, has been held to be illegal and unauthorised. The Sub Divisional Magistrate has directed the 12th respondent to demolish the illegal construction within fifteen days from receipt of the order failing which the Pradhan, Satilapur Gram Panchayat was directed to demolish the same. The
Officer in charge, Ramnagar Police Station was directed to provide police assistance to the Pradhan on demand for enforcement of the order.
This Court is informed that the said illegal construction has not been demolished by the 12th respondent till date. In view of the same, the Pradhan, Satilapur Gram Panchayat, being the 7th respondent herein, is directed to take necessary steps for implementation of the order dated 20th January, 2026 passed by the Sub Divisional Magistrate, Contai within four weeks from the date of communication of this order. The Officer in charge, Ramnagar Police Station, being the 8th respondent herein, is directed to render necessary assistance to the 7th respondent for such implementation. 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.)