Arnab Ghosh v. State Of West Bengal And ORS.
Sl. No.13 06.01.2026 Suman Ct. 15 WPA 26037 of 2025 Arnab Ghosh Vs.
The State of West Bengal and Ors.
Mr. Keshab Chandra Das Ms. A. Mondal Mr. Biplab Adak ..for the petitioner Mr. Pallav Chatterjee Mr. Monajit Chakraborti ..for respondent nos. 11, 12 and 13.
Mr. Ansar Mondal Mr. Swapan Kumar Pal ..for the State The learned advocate appearing for the petitioner seeks implementation of a reasoned order dated May 2, 2025, passed by the Pradhan, ParatalII Gram Panchayat, Purba Bardhaman. By the said order, the Pradhan referred the issue of alleged unauthorised construction undertaken by respondent nos. 11, 12, and 13 to the SubDivisional Officer, Sadar (South), Purba Bardhaman. The learned advocate appearing for the State submits that the reasoned order dated May 2, 2025, has not yet been communicated to the SubDivisional Officer, Sadar (South), Purba Bardhaman, respondent no. 10.
The learned advocate appearing for the private respondent nos. 11, 12, and 13, on the other hand, submits that the building in question is an old construction raised in the year 2021 and, therefore, the Pradhan ought not to have passed an order of demolition.
In my view, respondent nos. 11, 12, and 13 are entitled to an opportunity of hearing before the Sub-Divisional Officer in terms of Section 23(5) of the West Bengal Panchayat Act, 1973.
Accordingly, this writ petition is disposed of with a direction upon the Sub-Divisional Officer, Sadar (South), Purba Bardhaman, respondent no. 10, to take follow-up action pursuant to the reasoned order dated May 2, 2025, within a period of eight weeks from the date of communication of this order.
The Sub-Divisional Officer, Sadar (South), respondent no. 10, shall pass a reasoned order after affording an opportunity of hearing to all concerned parties.
Accordingly, WPA 26037 of 2025 is 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.)