Janmenjoy Halder v. State Of West Bengal And ORS.

24.06.2026 rc/ct.no.15 Item No.67 WPA No. 22499 of 2025 Janmenjoy Halder

Versus

The State of West Bengal & Ors.

Mr. Lakshminath Bhattacharyya Mr. Subhankar Bose ..for the petitioner Mr. D.N.Ray, Ld. G.P.

Mr. Madhu Jana Mrs. Puja Sonkar ...for the State Mr. Debabrata Sardar ..for the private respondents Affidavit of service filed by the petitioner is taken on record.

The Panchayat is not represented despite service. Learned counsel for the petitioner submits that the private respondents have raised unauthorized construction without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned authority on August 11, 2025 and seeks consideration of the same.

Though the learned counsel for the private respondent submits that the construction in question was raised initially by the predecessor in interest of the private respondents and thereafter by the private respondents upon obtaining permission from the Panchayat, no sanctioned building plan has been produced before this Court. The contention of the private respondents needs to be verified by the appropriate authority.

In view of the fact that the representation submitted by the petitioner in this regard is pending, the Pradhan, Raghunathpur No. 1 Gram Panchayat, being the 3rd respondent herein, is directed to consider and dispose of the same within four 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 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/unauthorised, the concerned authority shall take necessary steps 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)