Kutubuddin Mallick And ORS. v. Principal Secretary, Panchayat Department And ORS.

30.06.2026 Ct. No.15 b.das WPA 24127 of 2025 Kutubuddin Mallick & Ors.

Vs.

The Principal Secretary, Panchayat Department & Ors. Mr. Bhagwat Chaudhuri Ms. Mallika Manna ...for the petitioners.

Mr. Madhu Jana Ms. Puja Sonkar Mr. Rahul Agarwal ...for the State.

Affidavit of service filed by the petitioners is taken on record.

The Panchayat and the private respondents are not represented despite service.

Learned counsel for the petitioners submits that the private respondents are raising unauthorized construction without obtaining sanction from the concerned Panchayat. The petitioners submitted a representation in this regard before the concerned authority on 25th April, 2025 which is yet to be considered. The petitioners seek consideration of the same.

In view of the fact that the petitioner alleges unauthorized construction being raised by the private respondents, the Pradhan, Sankarhati II Gram Pachayat, being the 5th respondent herein, is directed to consider and dispose of the representation submitted by the petitioners dated 25th April, 2025 within four weeks from the date of communication of this order upon affording reasonable

opportunity of hearing to all concerned including the petitioners 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 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.)