Calcutta High CourtWPA/25077/2025disposed

Mojammel Khan And ANR. v. State Of West Bengal And ORS.

2025-12-08Hon'Ble Justice Kausik Chanda2 pages

WPA 25077 of 2025 Mojammel Khan & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Mohinoor Rahaman, Mr. Imdadul Biswas ...for the Petitioners Mr. Subhendu Bandyopadhyay, Ms. Ranjana Har Chowdhury ...for the State 08-12-2025 AKG Ct. 15 Let the report filed by the State be kept with the records.

The petitioners allege unauthorised construction at the behest of respondent nos. 7 & 8.

It is alleged that the petitioners are co-owners in respect of a .06 decimal of land each at plot no. 5651, J.L. No. 33, Mouza - Edrakpur, P.S.-Nowda, Murshidabad. It is alleged that respondent nos. 7 & 8 are also owners of .08 decimal of land each in the said plot. The petitioners allege that without obtaining permission from the Panchayat Authority, respondent nos. 7 & 8 are making unauthorised construction.

Despite service, respondent nos. 7 & 8 are not represented. Let the affidavit of service filed by the petitioners be kept with the records.

It appears that the petitioners have made a

representation before the Pradhan, 5 No. Nowda Gram Panchayat, Murshidabad for taking appropriate steps by him. In view of the aforesaid, there is no justification to keep this writ petition pending. Accordingly, this writ petition is disposed of with a direction upon the Pradhan, 5 No. Nowda Gram Panchayat to consider the representation appearing at page 16 of the writ petition in the light of Section 23 (5) of the West Bengal Panchayat Act, 1973.

If it is found that any unauthorised construction has taken place, the Pradhan shall refer the matter to the concerned Sub-Divisional Officer, Berhampore (Sadar), Murshidabad in accordance with law.

The entire exercise shall be completed within two weeks from the date of communication of this order after giving an opportunity of hearing to the petitioners and respondent nos. 7 & 8.

Accordingly, WPA 25077 of 2025 stands disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)