Yearul Islam And ANR. v. State Of West Bengal And ORS.

07.01.2026 Sl No.3 Ct. No.15 S.A.

WPA 26045 of 2025 Yearul Islam & Anr.

-vsThe State of West Bengal & Ors.

Mr. Sarbananda Sanyal Mr. Hamidur Rahman Mr. Saikat Gayen ...for the petitioners Mr. Malay Krishna De Ms. Paromita Malakar ...for the State Mr. Partha Pratim Roy Mr. Samrat Chakraborty Mr. Diganta Ghosh ...for respondent no. 9 The petitioners allege that respondent no. 9 is carrying out construction of a building on Plot Nos. 622 and 623, Mouza-Ramnagar Khastalak, J.L. No. 86, Police Station-Raninagar, District Murshidabad, without obtaining any permission from the Panchayat Authority. Respondent no. 9 claims to be a co-sharer in respect of the said plots.

The learned advocate appearing for the petitioners has produced before this Court a photograph of the site to suggest that the construction is presently ongoing.

The learned advocate appearing on behalf of respondent no. 9, on the other hand, submits that a residential building already exists on the said land and that no fresh construction has been undertaken by him.

In view of the aforesaid, this writ petition is disposed of with a direction upon the Pradhan, Kalinagar-I Gram Panchayat, Jinnatpara, Raninagar, Murshidabad, to ascertain whether any unauthorised construction is being carried out on the said plots. In the event any unauthorised construction is detected, the Pradhan shall take appropriate steps in terms of Section 23(5) of the West Bengal Panchayat Act, 1973.

It is made clear that, in respect of any building on the said plots which has already been completed as on date, no steps shall be taken by the Pradhan. Accordingly, WPA 26045 of 2025 stands disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)