Haripada Das v. The Principal Secretary And ORS.

25.03.2026 rc/ct.no.15 Item No.10 WPA No. 20768 of 2025 Haripada Das

Versus

The State of West Bengal & Ors.

Mr. Nirmalendu Bera Ms. Gopa Das ..for the petitioner Mr. Vimal Kumar Shahi (through VC) ..for the State Mr. Rabi Shankar Chatterjee Mr. Anindya Sundar Das Ms. Suva Gayen Ms. Paramita Mondal Mr. Suman Halder ...for the respondent nos.7,8&9 Affidavit of service filed by the petitioner and report submitted by the State are taken on record.

The petitioner alleges that the private respondents are raising construction in the property owned and occupied by him without obtaining sanctioned plan from the concerned Panchayat.

Learned counsel for the private respondents submits that the said construction is being raised under the Pradhan Mantri Awaas Yojana-Gramin Scheme for which no sanction from the Panchayat is required.

It appears from the report submitted by the State that the alleged construction is being raised without obtaining any permission from the Gram Panchayat. However, the 7th respondent is a beneficiary of the Pradhan

Mantri Awaas Yojana-Gramin Scheme for the financial year 2016-17.

Upon consideration of the submission made on behalf of the parties, this Court is of the view that since the representation submitted by the petitioner before the concerned authority on July 16, 2025 is pending, the Pradhan, G. Plot Gram Panchayat is directed to consider and dispose of the same within six weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioner and the private respondents, in accordance with law. The parties are at liberty to place their relevant contention along with the documents in support thereof before the authority at the time of hearing.

The decision taken by the authority shall be communicated to the parties within a week thereof. 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)