← Library
Calcutta High CourtWPA/26461/2025disposed

Pankaj Kumar Das And ORS. v. The State Of West Bengal And ORS.

2026-01-06Hon'Ble Justice Kausik Chanda3 pages

Sl. No.35 06.01.2026 Suman Ct. 15 WPA 26461 of 2025 Pankaj Kumar Das and Ors.

Vs.

The State of West Bengal and Ors.

Mr. Subhasish Mitra Mr. Shibjit Mitra ..for the petitioners Ms. Shewly Saha ..for respondent no.10 Mr. Shibojyoti Chakraborti Ms. Riya Ghosh ..for Howrah Zilla Parishad The petitioners claim ownership over 21 decimals of land comprised in R.S. Dag No. 2475 (L.R. Dag No. 2504), Khatian Nos. 6161, 6162, and 6163, J.L. No. 35, Mouza-Duilla, District Howrah. The grievance of the petitioners is that respondent no. 10 has raised a brick-built structure with a tin shed roof, presently being used as a godown, on the said plot without obtaining any permission from the concerned Gram Panchayat. The photographs annexed to the writ petition indicate that the said brick-built tin shed structure is of recent origin.

The learned advocate appearing on behalf of respondent no. 10 was unable to produce any sanctioned plan in support of such construction. It further appears that the petitioners submitted a representation to the Pradhan, Duilla Gram Panchayat, by a letter dated February 24, 2025, seeking appropriate action in the matter. This Court is not inclined to enter into the merits of the rival claims of the parties.

Accordingly, the writ petition is disposed of with a direction upon the Pradhan, Duilla Gram Panchayat, respondent no. 8, to consider the representation dated February 24, 2025, appearing at page 27 of the writ petition, and to act thereon in accordance with law.

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.

The aforesaid exercise shall be completed within a period of two weeks from the date of communication of this order.

Accordingly, WPA 26461 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.)